For
All the Commitments You Make®
125
Broad Street, New York, NY 10004 |
Declarations
INVESTMENT
COMPANY FIDELITY BOND
|
CUSTOMER
NUMBER |
|
DATE
ISSUED |
843032 |
|
11/13/2024 |
POLICY
NUMBER |
COVERAGE
IS PROVIDED BY |
PRODUCER
NO. |
652285819 |
Continental
Insurance Company |
719571 |
|
(herein
called Underwriter) |
|
NAMED
INSURED AND ADDRESS |
PRODUCER |
Item
1. Kayne Anderson BDC, Inc. (herein called |
WILLIS
TOWERS WATSON INS SVCS WEST |
Insured) |
Jordan Siegman |
811 Main Street 14th Floor |
ONE
CALIFORNIA PLAZA |
Houston, TX 77002 |
300
S GRAND AVE STE 2000 |
|
LOS
ANGELES, CA 90071 |
|
|
|
|
Item 2. |
Policy Period: |
From 12:01 a.m. on 11/1/2024 to 12:01 a.m. on 11/1/2025 standard time. |
|
|
|
Item 3. |
Limit of Liability: |
$2,000,000 per Loss. |
Provided,
however that if specific limits, either greater or lesser, are inserted opposite any specified INSURING CLAUSE, such specific limits
shall be applicable to such INSURING CLAUSES in lieu of, and not in addition to, such bond limit. If NOT COVERED is inserted
below opposite any specified INSURING CLAUSE, such INSURING CLAUSE and any other reference to such INSURING CLAUSE shall be deemed to
be deleted from this bond.
| |
LIMIT OF | | |
| |
INSURING CLAUSE | |
LIABILITY | | |
DEDUCTIBLE | |
| |
| | | |
| | |
Fidelity - Blanket | |
$ | 2,000,000 | | |
$ | 15,000 | |
Premises | |
$ | 2,000,000 | | |
$ | 15,000 | |
Transit | |
$ | 2,000,000 | | |
$ | 15,000 | |
Forgery or Alteration | |
$ | 2,000,000 | | |
$ | 15,000 | |
Securities | |
$ | 2,000,000 | | |
$ | 15,000 | |
Counterfeit Currency | |
$ | 2,000,000 | | |
$ | 15,000 | |
Computer Systems Fraud | |
$ | 2,000,000 | | |
$ | 15,000 | |
Voice Initiated Transfer Fraud | |
$ | 2,000,000 | | |
$ | 15,000 | |
Uncollectible Items of Deposit | |
$ | 2,000,000 | | |
$ | 15,000 | |
Audit Expense | |
$ | 75,000 | | |
$ | 0 | |
Claims Expense | |
$ | 75,000 | | |
$ | 0 | |
Provided,
that there shall be no deductible applicable to any loss under INSURING CLAUSE 1. sustained by any Investment Company.
Item
4. | The liability
of the Underwriter is also subject to the terms of the following endorsements executed simultaneously herewith: |
G-145184-A
Economic & Trade Sanctions Conditions
CNA-94805-XX
Claims Expense Coverage Rider
CNA-68791-XX
Email Notice Endorsement
CNA-96915-XX
Fraudulent Transfer Instructions Insuring Clause Rider
PRO-4138-A Increase in Asset Size Endorsement
CNA-95228-XX Cryptocurrency
Exclusion Rider
CNA-97490-TX Texas Policy Holders Notice
G-131698-Ac
Ed.
date 6/98
For
All the Commitments You Make®
125
Broad Street, New York, NY 10004 |
Declarations
INVESTMENT
COMPANY FIDELITY BOND
|
Item 5. |
Notice of claim should be sent to the Underwriter at: |
CNA
– Claims Reporting |
|
P.O.
Box 8317 |
|
Chicago,
IL 60680-8317 |
|
Fax
Number: 866-773-7504 |
|
Email
address: SpecialtyNewLoss@cna.com |
IN
WITNESS WHEREOF, the Underwriter has caused this bond to be signed by its Chairman and Secretary, at Chicago, Illinois, but the same
shall not be binding upon the Underwriter unless countersigned by a duly authorized representative or attorney-in-fact of the Underwriter
By |
|
|
Countersigned
By: |
|
|
Attorney-in-fact |
|
|
Authorized
Representative |
Authorized
Representative
G-131698-Ac
Ed.
date 6/98
The
UNDERWRITER, in consideration of the required premium, and in reliance on the APPLICATION and all other statements made and information
furnished to the UNDERWRITER by the INSURED, and subject to the DECLARATIONS made a part of this bond and to all other terms and conditions
of this bond, agrees to pay the INSURED for:
INSURING
CLAUSES
Loss
resulting directly from Larceny or Embezzlement committed by any Employee, alone or in collusion with others.
Loss
of Property resulting directly from robbery, burglary, common-law or statutory larceny, hold-up, misplacement, mysterious unexplainable
disappearance, damage, destruction or abstraction or removal from the possession, custody or control of the INSURED, while such Property
is lodged or deposited within any offices or premises located anywhere.
Loss
of, or damage to furnishings, fixtures, stationery, supplies, equipment, safes or vaults (but excluding all electronic data processing
equipment) within any of the INSUREDS offices resulting directly from robbery, burglary, common law or statutory larceny or hold-up
of such offices, or attempt thereat, or by vandalism or malicious mischief, or loss through damage to any office resulting directly from
robbery, burglary, common law or statutory larceny or hold-up of such office, or attempts thereat, or to the interior of any such office
by vandalism or malicious mischief, provided, in any event that the INSURED is the owner of such offices, furnishings, fixtures, stationery,
supplies, equipment, safes or vaults or is legally liable for such loss or damage always excepting, however, a loss or damage through
fire.
Loss
of Property resulting directly from robbery, common law or statutory larceny, misplacement, mysterious unexplainable disappearance, damage
to or destruction of, while the Property is in transit anywhere:
| a. | in
an armored motor vehicle, including loading and unloading thereof, |
| b. | in
the custody of a natural person acting as a messenger of the INSURED, or |
| c. | in
the custody of a Transportation Company and being transported in a conveyance other than an armored motor vehicle provided, however,
that covered Property transported in such manner is limited to the following: |
| II. | securities
issued in registered form which are not endorsed or are restrictively endorsed, or |
| III. | negotiable
instruments not payable to bearer, which are not endorsed or are restrictively endorsed. |
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 1 |
| | Coverage
under this INSURING CLAUSE begins immediately on the receipt of such Property by the natural person acting as a messenger or Transportation
Company and ends immediately on delivery to the premises of the addressee or to any representative of the addressee located anywhere. |
| 4. | FORGERY
OR ALTERATION COVERAGE |
Loss resulting directly from:
| a. | Forgery
or fraudulent material alteration of, on or in any bills of exchange, checks, drafts, acceptances, certificates of deposits, promissory
notes, due bills, money orders, orders upon public treasuries, letters of credit, other written promises, orders or directions to pay
sums certain in money, or receipts for the withdrawal of Property, or |
| b. | transferring,
paying or delivering any funds or other Property, or establishing any credit or giving any value in reliance on any written instructions,
advices, or applications directed to the INSURED authorizing or acknowledging the transfer, payment, delivery or receipt of funds or
other Property, which instructions, advices or applications purport to bear the handwritten signature of any customer of the INSURED,
or shareholder or subscriber to shares of an Investment Company, or of any banking institution, stockbroker or Employee but which instructions
or applications either bear a Forgery or a fraudulent material alteration without the knowledge and consent of such customer, shareholder,
subscriber to shares, banking institution, stockbroker, or Employee; |
excluding,
however, under this INSURING CLAUSE any loss covered under INSURING CLAUSE 5. of this bond, whether or not coverage for INSURING CLAUSE
5. is provided for in the DECLARATIONS of this bond.
A
mechanically reproduced facsimile signature is treated the same as a handwritten signature.
| 5. | EXTENDED
FORGERY COVERAGE |
Loss
resulting directly from the INSURED having in good faith, and in the ordinary course of business, whether for its own account or for
the account of others, in any capacity:
| a. | acquired,
accepted or received, sold or delivered, given value, extended credit, or assumed liability in reliance upon any original Securities,
documents or other written instruments which prove: |
| I. | to
bear a Forgery or fraudulent material alteration, |
| II. | to
have been lost or stolen, or |
| III. | to
be Counterfeit, or |
| b. | guaranteed
in writing or witnessed any signatures upon any transfers, assignments, bills of sale, powers of attorney, guarantees, endorsements or
other obligations upon or in connection with any Securities, documents or other written instruments which pass or purport to pass title
to them. |
Actual
physical possession, and continued actual physical possession, of such Securities, documents or other written instruments by an Employee,
Custodian, or a Federal or State chartered deposit institution is a condition precedent to the INSURED having relied on such items. Release
or return of such items is an acknowledgment by the INSURED that it no longer relies on such items.
A
mechanically reproduced facsimile signature is treated the same as a handwritten signature.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 2 |
| 6. | COUNTERFEIT
CURRENCY COVERAGE |
Loss
resulting directly from the receipt by the INSURED, in good faith, of any Counterfeit money orders, currencies or coin of any country.
| 7. | THREATS
TO PERSONS COVERAGE |
Loss
resulting directly from surrender of Property away from an office of the INSURED as a result of a threat communicated to the INSURED
to do bodily harm to an Employee as defined in paragraphs (1), (2) and (5) of the definition, a Relative or invitee of such Employee,
or a resident of the household of such Employee, who is, or allegedly is, being held captive provided, however, that prior to the surrender
of such Property:
| a. | the
Employee who receives the threat has made a reasonable effort to notify an officer of the INSURED who is not involved in such threat,
and |
| b. | the
INSURED has made a reasonable effort to notify the Federal Bureau of Investigation and local law enforcement authorities concerning such
threat. |
It
is agreed that for purposes of the INSURING CLAUSE, any Employee of the INSURED, as set forth in the preceding paragraph, shall be deemed
to be an INSURED hereunder, but only with respect to the surrender of money, securities and other tangible personal property in which
such Employee has a legal or equitable interest.
| 8. | COMPUTER
SYSTEMS COVERAGE |
Loss
resulting directly from fraudulent entry of data into or change of data elements or programs within the INSUREDS proprietary Computer
System or a Computer System operated or used by the INSURED and declared in the APPLICATION, provided that the fraudulent entry or change
causes:
| a. | Property
to be transferred, paid or delivered, |
| b. | an
account of the INSURED, or of its customer, to be added, deleted, debited, or credited, or |
| c. | an
unauthorized account or a fictitious account to be debited or credited. |
| 9. | VOICE
INITIATED TRANSACTION COVERAGE |
Loss
resulting directly from a Voice Initiated Transaction directed to the INSURED authorizing the transfer of dividends or redemption proceeds
of Investment Company shares from a Customers account, provided such Voice Initiated Transaction was:
| a. | received
at the INSUREDS offices by those Employees of the INSURED specifically authorized to receive
the Voice Initiated Transaction, |
| b. | made
by a person purporting to be a Customer, and |
| c. | made
by said person for the purpose of causing the INSURED or Customer to sustain a loss or making
an improper personal financial gain for such person or any other person. |
In
order for coverage to apply under this INSURING CLAUSE, all Voice Initiated Transactions must be received and processed in accordance
with the Designated Procedures outlined in the APPLICATION furnished to the UNDERWRITER.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 3 |
| 10. | UNCOLLECTIBLE
ITEMS OF DEPOSIT COVERAGE |
Loss
resulting directly from the INSURED having credited an account of a customer, shareholder or subscriber on the faith of any Items of
Deposit which prove to be uncollectible, provided that the crediting of said account causes:
| a. | redemptions
or withdrawals to be permitted, |
| b. | shares
to be issued, or |
| c. | dividends
to be paid, from
an account of an Investment Company. |
In
order for coverage to apply under this INSURING CLAUSE, the INSURED must hold Items of Deposit for the minimum number of days stated
in the APPLICATION before permitting any redemptions or withdrawals, issuing any shares or paying any dividends with respect to
such Items of Deposit.
Items
of Deposit shall not be deemed uncollectible until the INSUREDS standard collection procedures have failed.
| 11. | AUDIT
EXPENSE COVERAGE |
Reasonable
expense incurred by the INSURED for that part of an audit or examination required by any governmental regulatory authority or self-regulatory
organization and actually conducted by such authority, organization or their appointee by reason of the discovery of loss sustained by
the INSURED and covered by this bond.
CONDITIONS
AND LIMITATIONS
| A. | GENERAL
EXCLUSIONS APPLICABLE TO ALL INSURING CLAUSES |
This bond does not directly or indirectly cover:
| (1) | loss
not reported to the UNDERWRITER in writing within thirty (30) days after termination of this bond as an entirety; |
| (2) | loss
due to riot or civil commotion outside the United States of America and Canada, or any loss due to military, naval or usurped power,
war or insurrection. However, this exclusion shall not apply to loss which occurs in transit in the circumstances recited in INSURING
CLAUSE 3., provided that when such transit was initiated there was no knowledge on the part of any person acting for the INSURED of such
riot, civil commotion, military, naval or usurped power, war or insurrection; |
| (3) | loss
resulting from dishonest acts by any member of the Board of Directors or Board of Trustees of the INSURED who is not an Employee, acting
alone or in collusion with others; |
| (4) | loss,
or that part of any loss, resulting solely from any violation by the INSURED or by any Employee of any law, or rule, or regulation pursuant
to any law regulating: |
| a. | the
issuance, purchase or sale of securities, |
| b. | transactions
on security or commodity exchanges or the over-the-counter markets, |
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 4 |
| c. | investment
companies, or |
| (5) | loss
of potential income including, but not limited to, interest and dividends not realized by
the INSURED or by any customer of the INSURED; |
| (6) | loss
resulting from indirect or consequential loss of any nature; |
| (7) | damages
of any type for which the INSURED is legally liable, except compensatory damages (but not
multiples thereof) arising from a loss covered under this bond; |
| (8) | loss
resulting from the effects of nuclear fission or fusion or radioactivity; |
| (9) | loss
resulting from the theft of confidential information, material or data; |
| (10) | costs,
fees and expenses incurred by the INSURED in establishing the existence or amount of loss
under this bond, provided however, this EXCLUSION shall not apply to INSURING CLAUSE 11.; |
| (11) | loss
resulting from voice requests or instructions received over the telephone, provided however,
this EXCLUSION shall not apply to INSURING CLAUSE 7. or 9. |
| B. | SPECIFIC
EXCLUSIONS APPLICABLE TO ALL INSURING CLAUSES EXCEPT INSURING CLAUSE 1. |
This
bond does not directly or indirectly cover:
| (1) | loss
caused by an Employee, provided, however, this EXCLUSION shall not apply to loss covered
under INSURING CLAUSE 2. or 3. which results directly from misplacement, mysterious unexplainable
disappearance, or damage to or destruction of Property; |
| (2) | loss
through the surrender of Property away from an office of the INSURED as a result of a threat: |
| a. | to
do bodily harm to any person, except loss of Property in transit in the custody of any person
acting as messenger of the INSURED, provided that when such transit was initiated there was
no knowledge by the INSURED of any such threat, and provided further that this EXCLUSION
shall not apply to INSURING CLAUSE 7., or |
| b. | to
do damage to the premises or property of the INSURED; |
| (3) | loss
involving Items of Deposit which are not finally paid for any reason provided however, that
this EXCLUSION shall not apply to INSURING CLAUSE 10.; |
| (4) | loss
resulting from payments made or withdrawals from any account involving erroneous credits
to such account; |
| (5) | loss
of Property while in the mail: |
| (6) | loss
of Property while in the custody of a Transportation Company, provided however, that this
EXCLUSION shall not apply to INSURING CLAUSE 3.; |
| (7) | loss
resulting from the failure for any reason of a financial or depository institution, its receiver
or other liquidator to pay or deliver funds or other Property to the INSURED provided further
that this |
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 5 |
EXCLUSION
shall not apply to loss of Property resulting directly from robbery, burglary, hold-up, misplacement, mysterious unexplainable disappearance,
damage, destruction or abstraction from the possession, custody or control of the INSURED.
| C. | EXCLUSIONS
APPLICABLE TO ALL INSURING CLAUSES EXCEPT INSURING CLAUSES 1., 4., 5. |
This bond does not directly or indirectly cover:
| (1) | loss
resulting from forgery or any alteration; |
| (2) | loss
resulting from the complete or partial non-payment of or default on any loan whether such loan was procured in good faith or through
trick, artifice, fraud or false pretenses; |
| (3) | loss
involving a counterfeit provided, however, this EXCLUSION shall not apply to INSURING CLAUSE 5. or 6. |
This
bond applies only to loss first discovered by any partner, director, trustee, officer or supervisory employee of the INSURED during the
BOND PERIOD. Discovery occurs at the earlier of such individuals being aware of;
| a. | facts
which may subsequently result in a loss of a type covered by this bond, or |
| b. | an
actual or potential claim in which it is alleged that the INSURED is liable to a third party,
regardless of when the act or acts causing or contributing to such loss occurred, even though
the amount of loss does not exceed the applicable DEDUCTIBLE AMOUNT or the exact amount or
details of loss may not then be known. |
| 3. | NOTICE
TO UNDERWRITER - PROOF - LEGAL PROCEEDINGS AGAINST UNDERWRITER |
| a. | At
the earliest practicable moment, not to exceed thirty (30) days after discovery of loss,
the INSURED shall give the UNDERWRITER notice thereof. |
| b. | Within
six (6) months after such discovery, the INSURED shall furnish to the UNDERWRITER proof of
loss, duly sworn to, with full particulars. |
| c. | Securities
listed in a proof of loss shall be identified by certificate or bond numbers, if issued with
them. |
| d. | Legal
proceedings for the recovery of any loss under this bond shall not be brought prior to the
expiration of sixty (60) days after the proof of loss is filed with the UNDERWRITER or after
the expiration of twenty-four (24) months from the discovery of such loss. |
| e. | This
bond affords coverage only in favor of the INSURED. No claim, suit, action or legal proceedings
shall be brought under this bond by anyone other than the INSURED. |
| 4. | LIMIT
OF LIABILITY/NON - REDUCTION AND NON-ACCUMULATION OF LIABILITY |
At
all times prior to termination of this bond, this bond shall continue in force for the limit stated in the applicable sections of ITEM
3. of the DECLARATIONS, notwithstanding any previous loss for which the UNDERWRITER may have paid or be liable to pay under this bond
provided, however, that the liability of the UNDERWRITER under this bond with respect to all loss resulting from:
| a. | any
one act of burglary, robbery or hold-up, or attempt thereat, in which no Employee is concerned
or implicated, or |
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 6 |
| b. | any
one unintentional or negligent act on the part of any one person resulting in damage to or
destruction or misplacement of Property, or |
| c. | all
acts, other than those specified in a. above, of any one person, or |
| d. | any
one casualty or event other than those specified in a., b., or c. above, shall
be deemed to be one loss and |
shall be limited to the applicable LIMIT OF LIABILITY stated in ITEM
3. of the DECLARATIONS of this bond irrespective of the total amount of such loss or losses
and shall not be cumulative in amounts from year to year or from period to period.
All
acts, as specified in c. above, of any one person which
| i. | directly
or indirectly aid in any way wrongful acts of any other person or persons, or |
| ii. | permit
the continuation of wrongful acts of any other person or persons |
whether
such acts are committed with or without the knowledge of the wrongful acts of the person so aided, and whether such acts are committed
with or without the intent to aid such other person, shall be deemed to be one loss with the wrongful acts of all persons so aided.
The
UNDERWRITER shall not be liable under any INSURING CLAUSES of this bond on account of loss unless the amount of such loss, after deducting
the net amount of all reimbursement and/or recovery obtained or made by the INSURED, other than from any bond or policy of insurance
issued by an insurance company and covering such loss, or by the UNDERWRITER on account thereof prior to payment by the UNDERWRITER of
such loss, shall exceed the DEDUCTIBLE AMOUNT set forth in ITEM 4. of the DECLARATIONS, and then for such excess only, but in no event
for more than the applicable LIMIT OF LIABILITY stated in ITEM 3. of the DECLARATIONS.
There
shall be no deductible applicable to any loss under INSURING CLAUSE 1. sustained by any Investment Company.
| 6. | COURT
COSTS AND ATTORNEYS FEES |
The
UNDERWRITER will indemnify the INSURED for court costs and reasonable attorneys fees incurred and paid by the INSURED in
defense, whether or not successful, whether or not fully litigated on the merits and whether or not settled, of any claim, suit
or legal proceeding with respect to which the INSURED would be entitled to recovery under this bond. However, with respect to
INSURING CLAUSE 1. this Section shall only apply in the event that:
| a. | an
Employee admits to being guilty of Larceny or Embezzlement, |
| b. | an
Employee is adjudicated to be guilty of Larceny or Embezzlement, or |
| c. | in
the absence of a. or b. above, an arbitration panel agrees, after a review of an agreed statement of facts between the UNDERWRITER and
the INSURED, that an Employee would be found guilty of Larceny or Embezzlement if such Employee were prosecuted. |
The
INSURED shall promptly give notice to the UNDERWRITER of any such suit or legal proceeding and at the request of the UNDERWRITER shall
furnish copies of all pleadings and pertinent papers to the UNDERWRITER. The UNDERWRITER may, at its sole option, elect to conduct the
defense of all or part of such legal proceeding. The defense by the UNDERWRITER shall be in the name of the INSURED through attorneys
selected by the UNDERWRITER. The INSURED shall provide all reasonable information and assistance as required by the UNDERWRITER for such
defense.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 7 |
If
the amount demanded in any such suit or legal proceeding is greater than the LIMIT OF LIABILITY stated in ITEM 3. of the DECLARATIONS
for the applicable INSURING CLAUSE, or if a DEDUCTIBLE AMOUNT is applicable, or both, the UNDERWRITERS liability for court costs and
attorneys fees incurred in defending all or part of such legal proceeding is limited to the proportion of such court costs and attorneys
fees incurred that the LIMIT OF LIABILITY stated in ITEM 3. of the DECLARATIONS for the applicable INSURING CLAUSE bears to the total
of the amount demanded in such suit or legal proceeding.
Amounts
paid by the UNDERWRITER for court costs and attorneys fees shall be in addition to the LIMIT OF LIABILITY stated in ITEM 3. of the DECLARATIONS.
If
the UNDERWRITER declines to defend the INSURED, no settlement without the prior written consent of the UNDERWRITER nor judgment against
the INSURED shall determine the existence, extent or amount of coverage under this bond, and the UNDERWRITER shall not be liable for
any costs, fees and expenses incurred by the INSURED.
The
value of any loss of Property other than books of account or other records used by the INSURED in the conduct of its business, for which
a claim is made shall be determined by the average market value of such Property on the business day immediately preceding discovery
of such loss provided, however, that the value of any Property replaced by the INSURED with the consent of the UNDERWRITER and prior
to the settlement of any claim for such Property shall be actual market value at the time of replacement.
In
the case of a loss of interim certificates, warrants, rights or other securities, the production of which is necessary to the exercise
of subscription, conversion, redemption or deposit privileges, the value of them shall be the market value of such privileges immediately
preceding their expiration if said loss is not discovered until after their expiration. If no market price is quoted for such Property
or for such privileges, the value shall be fixed by agreement between the parties.
The
value of any loss of Property consisting of books of account or other records used by the INSURED in the conduct of its business shall
be the amount paid by the INSURED for blank books, blank pages, or other materials which replace the lost books of account or other records,
plus the cost of labor paid by the INSURED for the actual transcription or copying of data to reproduce such books of account or other
records.
| 8. | VALUATION
OF PREMISES AND FURNISHINGS |
In
the case of loss or damage to any office of the INSURED or to the furnishings, fixtures, stationery, supplies, equipment, safes or vaults,
the UNDERWRITER shall not be liable for more than the actual cash value thereof, or for more than the actual cost of replacement or repair.
The UNDERWRITER may, at its election, pay such actual cash value or make such replacement or repair. If the UNDERWRITER and the INSURED
cannot agree upon the actual cash value or the cost of replacement or repair, it shall be determined by arbitration.
In
the event of a loss of securities covered under this bond, the UNDERWRITER may, at its sole discretion, purchase replacement securities,
tender the value of the securities in money, or issue its indemnity to effect replacement securities.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 8 |
The
indemnity required from the INSURED under the terms of this Section against all loss, cost or expense arising from the replacement of
securities by the UNDERWRITERS indemnity shall be:
| a. | for
securities having a value less than or equal to the applicable DEDUCTIBLE AMOUNT one hundred (100% percent); |
| b. | for
securities having a value in excess of the DEDUCTIBLE AMOUNT but within the applicable LIMIT OF LIABILITY- the percentage that the DEDUCTIBLE
AMOUNT bears to the value of the securities; |
| c. | for
securities having a value greater than the applicable LIMIT OF LIABILITY the percentage that the DEDUCTIBLE AMOUNT and portion in excess
of the applicable LIMIT OF LIABILITY bears to the value of the securities. |
The
value referred to in a., b., and c. above is the value in accordance with SECTION 7., VALUATION OF PROPERTY, regardless of the value
of such securities at the time the loss under the UNDERWRITERS indemnity is sustained.
The
UNDERWRITER is not required to issue its indemnity for any portion of a loss of securities which is not covered by this bond; however,
the UNDERWRITER may do so as a courtesy to the INSURED and at its sole discretion.
The
INSURED shall pay the proportion of the UNDERWRITERS premium charge for the UNDERWRITERS indemnity as set forth in a., b., and c. above.
No portion of the LIMIT OF LIABILITY shall be used as payment of premium for any indemnity purchased by the INSURED to obtain replacement
securities.
| 10. | SUBROGATION
- ASSIGNMENT-RECOVERY |
In
the event of a payment under this bond, the UNDERWRITER shall be subrogated to all of the INSUREDS rights of recovery against any person
or entity to the extent of such payment. On request, the INSURED shall deliver to the UNDERWRITER an assignment of the INSUREDS rights,
title and interest and causes of action against any person or entity to the extent of such payment.
Recoveries,
whether effected by the UNDERWRITER or by the INSURED, shall be applied net of the expense of such recovery, first to the satisfaction
of the INSUREDS loss which would otherwise have been paid but for the fact that it is in excess of the applicable LIMIT OF LIABILITY,
second, to the UNDERWRITER in satisfaction of amounts paid in settlement of the INSUREDS claim and third, to the INSURED in satisfaction
of the applicable DEDUCTIBLE AMOUNT. Recovery from reinsurance and/or indemnity of the UNDERWRITER shall not be deemed a recovery under
this section.
| 11. | COOPERATION
OF INSURED |
At
the UNDERWRITERS request and at reasonable times and places designated by the UNDERWRITER the INSURED shall submit to examination by
the UNDERWRITER and subscribe to the same under oath, produce for the UNDERWRITERS examination all pertinent records, and cooperate
with the UNDERWRITER in all matters pertaining to the loss.
The
INSURED shall execute all papers and render assistance to secure to the UNDERWRITER the rights and causes of action provided for under
this bond. The INSURED shall do nothing after loss to prejudice such rights or causes of action.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 9 |
Coverage
under this bond shall apply only as excess over any valid and collectible insurance, indemnity or suretyship obtained by or on behalf
of the INSURED, a Transportation Company, or another entity on whose premises the loss occurred or which employed the person causing
the loss or engaged the messenger conveying the Property involved.
| 13. | ADDITIONAL
COMPANIES INCLUDED AS INSURED |
If
more than one corporation, or Investment Company, or any combination of them is included as the INSURED herein:
| a. | The
total liability of the UNDERWRITER under this bond for loss or losses sustained by any one
or more or all of them shall not exceed the limit for which the UNDERWRITER would be liable
under this bond if all such losses were sustained by any one of them. |
| b. | Only
the first named INSURED shall be deemed to be the sole agent of the others for all purposes
under this bond, including but not limited to the giving or receiving of any notice or proof
required to be given and for the purpose of effecting or accepting any amendments to or termination
of this bond. The UNDERWRITER shall furnish each Investment Company with a copy of the bond
and with any amendment thereto, together with a copy of each formal filing of claim by any
other named INSURED and notification of the terms of the settlement of each such claim prior
to the execution of such settlement. |
| c. | The
UNDERWRITER shall not be responsible for the proper application of any payment made hereunder
to the first named INSURED. |
| d. | Knowledge
possessed or discovery made by any partner, director, trustee, officer or supervisory employee
of any INSURED shall constitute knowledge or discovery by all the INSUREDS for the purposes
of this bond. |
| e. | If
the first named INSURED ceases for any reason to be covered under this bond, then the INSURED
next named shall thereafter be considered as the first named INSURED for the purpose of this
bond. |
| 14. | ADDITIONAL
OFFICES OR EMPLOYEES - CONSOLIDATION, MERGER OR PURCHASE OR ACQUISITION OF ASSETS OR LIABILITIES - NOTICE TO UNDERWRITER |
If
the INSURED, other than an Investment Company, while this bond is in force, merges or consolidates with, or purchases or acquires assets
or liabilities of another institution, the INSURED shall not have the coverage afforded under this bond for loss which:
| a. | has
occurred or will occur in offices or on premises, or |
| b. | has
been caused or will be caused by an employee or employees, or |
| c. | has
arisen or will arise out of the assets or liabilities acquired unless the INSURED |
| i. | gives
the UNDERWRITER written notice of the proposed consolidation, merger or purchase or acquisition of assets or liabilities prior to the
proposed effective date of such action, and |
| ii. | obtains
the written consent of the UNDERWRITER to extend some or all of the coverage provided by this bond to such additional exposure, and |
| iii. | on
obtaining such consent pays to the UNDERWRITER an additional premium. |
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 10 |
| 15. | CHANGE
OF CONTROL - NOTICE TO UNDERWRITER |
When
the INSURED learns of a change in control (other than in an Investment Company), as set forth in Section 2(a) (9) of the Investment Company
Act of 1940, the INSURED shall within thirty (30) days give written notice to the UNDERWRITER setting forth:
| a. | the
names of the transferors and transferees (or the names of the beneficial owners if the voting
securities are registered in another name), |
| b. | the
total number of voting securities owned by the transferors and the transferees (or the beneficial
owners), both immediately before and after the transfer, and |
| c. | the
total number of outstanding voting securities. |
Failure
to give the required notice shall result in termination of coverage for any loss involving a transferee, to be effective on the date
of such change in control.
| 16. | REPRESENTATIONS
MADE BY INSURED |
The
INSURED represents that all information it has furnished in the APPLICATION for this bond or otherwise is complete, true and correct.
Such APPLICATION and other information constitute part of this bond.
The
INSURED must promptly notify the UNDERWRITER of any change in any fact or circumstance which materially affects the risk assumed by the
UNDERWRITER under this bond.
Any
misrepresentation, omission, concealment or incorrect statement of a material fact, in the APPLICATION or otherwise, shall be grounds
for rescission of this bond.
| 17. | TERMINATION
- CANCELLATION |
If
the bond is for a sole INSURED, it shall not be terminated or canceled unless written notice shall have been given by the acting party
to the affected party and to the Securities and Exchange Commission, Washington, D.C., not less than sixty (60) days prior to the effective
date of such termination or cancellation.
If
the bond is for a joint INSURED, it shall not be terminated or canceled unless written notice shall have been given by the acting party
to the affected party, and by the UNDERWRITER to all INSURED Investment Companies and to the Securities and Exchange Commission, Washington,
D.C., not less than sixty (60) days prior to the effective date of such termination or cancellation.
This
bond will terminate as to any one INSURED, other than an Investment Company, immediately on the taking over of such INSURED by a receiver
or other liquidator or by State or Federal officials, or immediately on the filing of a petition under any State or Federal statute relative
to bankruptcy or reorganization of the INSURED, or assignment for the benefit of creditors of the INSURED, or immediately upon such INSURED
ceasing to exist, whether through merger into another entity, disposition of all of its assets or otherwise.
The
UNDERWRITER shall refund the unearned premium computed at short rates in accordance with the standard short rate cancellation tables
if terminated by the INSURED or pro rata if terminated for any other reason.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 11 |
Coverage
will terminate as to any Employee:
| a. | immediately
on any partner, director, trustee, or officer or supervisory employee not acting in collusion
with such Employee, learning of any dishonest act committed by such Employee at any time,
whether in the employment of the INSURED or otherwise, whether or not such act is of the
type covered under this bond, and whether against the INSURED or any other person or entity,
or |
| b. | sixty
(60) days after the receipt by each INSURED and by the Securities and Exchange Commission,
Washington, D.C., of a written notice from the UNDERWRITER of its desire to terminate this
bond as to such Employee. |
| 18. | CHANGE
OR MODIFICATION |
This
bond or any instrument amending or affecting this bond may not be changed or modified orally. No change in or modification of this bond
shall be effective except when made by written endorsement to this bond signed by an authorized representative of the UNDERWRITER.
If
this bond is for a sole INSURED, no change or modification which would adversely affect the rights of the INSURED shall be effective
prior to sixty (60) days after written notice has been furnished to the Securities and Exchange Commission, Washington, D.C., by the
acting party.
If
this bond is for a joint INSURED, no change or modification which would adversely affect the rights of the INSURED shall be effective
prior to sixty (60) days after written notice has been furnished to all insured Investment Companies and to the Securities and Exchange
Commission, Washington, D.C., by the UNDERWRITER.
DEFINITIONS
As
used in this bond:
Computer
System means:
| 1. | computers,
with related peripheral and storage components, wherever located, |
| 2. | systems
and applications software, |
| 4. | related
communication networks by which data are electronically collected, transmitted, processed, stored, and retrieved. |
Counterfeit
means an imitation of an actual valid original which is intended to deceive and be taken as the original.
Custodian
means the institution designed by an Investment Company to maintain possession and control of its assets.
Customer
means an individual, corporate, partnership or trust customer shareholder or subscriber of an Investment Company which has a written
agreement with the INSURED for Voice Initiated Transactions.
Employee
means:
| 1. | an
officer of the INSURED, |
| 2. | a
natural person while in the regular service of the INSURED at any of the INSUREDS offices and compensated directly by the INSURED through
its payroll system and subject to the United States Internal Revenue Service Form W-2 or equivalent income reporting plans of other countries,
and whom
the INSURED has the right to control and direct both as to the result to be accomplished and details and means by which such result is
accomplished in the performance of such service, |
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 12 |
| 3. | an
attorney retained by the INSURED and an employee of such attorney while either is performing legal services for the INSURED, |
| 4. | a
person provided by an employment contractor to perform clerical, premises maintenance or
security duties for the INSURED under the INSUREDS supervision at any of the INSUREDS offices
or premises, |
| 5. | an
employee of an institution merged or consolidated with the INSURED prior to the effective
date of this bond, |
| 6. | a
guest student pursuing studies or performing duties in any of the INSUREDS offices, |
| 7. | each
natural person, partnership or corporation authorized by written agreement with the INSURED
to perform services as electronic data processor of checks or other accounting records related
to such checks but only while such person, partnership or corporation is actually performing
such services and not: |
| a. | creating,
preparing, modifying or maintaining the INSUREDS computer software or programs, or |
| b. | acting
as transfer agent or in any other agency capacity in issuing checks, drafts or securities
for the INSURED, |
| 8. | a
director or trustee of the INSURED, but only while performing acts within the scope of the
customary and usual duties of any officer or employee of the INSURED or while acting as a
member of any committee duly elected or appointed to examine or audit or have custody of
or access to Property of the INSURED, or |
| 9. | any
partner, officer or employee of an investment adviser, an underwriter (distributor), a transfer
agent or shareholder accounting recordkeeper, or an administrator, for an Investment Company
while performing acts coming within the scope of the customary and usual duties of an officer
or employee of an Investment Company or acting as a member of any committee duly elected
or appointed to examine, audit or have custody of or access to Property of an Investment
Company. |
The
term Employee shall not include any partner, officer or employee of a transfer agent, shareholder accounting recordkeeper or administrator:
| a. | which
is not an affiliated person (as defined in Section 2(a) of the Investment Company
Act of 1940) of an Investment Company or of the investment adviser or underwriter (distributor)
of such Investment Company, or |
| b. | which
is a bank (as defined in Section 2(a) of the Investment Company Act of 1940). |
This
bond does not afford coverage in favor of the employers of persons as set forth in 4. and 7. above, and upon payment to the INSURED by
the UNDERWRITER resulting directly from Larceny or Embezzlement committed by any of the partners, officers or employees of such employers,
whether acting alone or in collusion with others, an assignment of such of the INSUREDS rights and causes of action as it may have against
such employers by reason of such acts so committed shall, to the extent of such payment, be given by the INSURED to the UNDERWRITER,
and the INSURED shall execute all papers necessary to secure to the UNDERWRITER the rights provided for herein.
Each
employer of persons as set forth in 3., 4. and 7. above and the partners, officers and other employees of such employers shall collectively
be deemed to be one person for all the purposes of this bond, excepting, however, the last paragraph of Section 18.
Independent
contractors not specified in 3., 4., and 7. above, intermediaries, agents, brokers or other representatives of the same general character
shall not be considered Employees.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 13 |
Forgery
means the signing of the name of another person or organization with the intent to deceive but does not mean a signature which consists
in whole or in part of ones own name, with or without authority, in any capacity, for any purpose.
Investment
Company means an investment company registered under the Investment Company Act of 1940 and as listed under the NAME OF INSURED on
the DECLARATIONS.
Items
of Deposit means one or more checks or drafts drawn upon a financial institution in the United States of America.
Larceny
or Embezzlement means larceny or embezzlement as set forth in Section 37 of the Investment Company Act of 1940.
Property
means money (i.e., currency, coin, bank notes, or Federal Reserve notes); postage and revenue stamps; U.S. Savings Stamps; securities,
including any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of deposit, certificate of interest
or participation in any profit-sharing agreement, collateral trust certificate, preorganization certificate or subscription, transferable
share, investment contract, voting trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas,
or other mineral rights, any interest or instruments commonly known as security under the Investment Company Act of 1940, any other certificate
of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to
or purchase any of the foregoing; bills of exchange; acceptances; checks; withdrawal orders; money orders; travelers letters of credit;
bills of lading; abstracts of title; insurance policies; deeds; mortgages on real estate and/or upon chattels and interests therein;
assignments of such policies, mortgages and instruments; other valuable papers, including books of accounts and other records used by
the INSURED in the conduct of its business (but excluding all electronic data processing records); and, all other instruments similar
to or in the nature of the foregoing in which the INSURED acquired an interest at the time of the INSUREDS consolidation or merger with,
or purchase of the principal assets of, a predecessor or which are held by the INSURED for any purpose or in any capacity and whether
so held gratuitously or not and whether or not the INSURED is liable therefor.
Relative
means the spouse of an Employee or partner of the INSURED and any unmarried child supported wholly by, or living in the home of,
such Employee or partner and being related to them by blood, marriage or legal guardianship.
Securities,
documents or other written instruments means original (including original counterparts) negotiable or non-negotiable instruments, or
assignments thereof, which in and of themselves represent an equitable interest, ownership, or debt and which are in the ordinary course
of business transferable by delivery of such instruments with any necessary endorsements or assignments.
Transportation
Company means any organization which provides its own or leased vehicles for transportation or which provides freight forwarding
or air express services.
Voice
Initiated Election means any election concerning dividend options available to Investment Company shareholders or subscribers which
is requested by voice over the telephone.
Voice
Initiated Redemption means any redemption of shares issued by an Investment Company which is requested by voice over the telephone.
Voice
Initiated Transaction(s) means any Voice Initiated Redemption or Voice Initiated Election.
G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 14 |
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G-131697-A (ED. 06/98) | Copyright © CNA All Rights Reserved. | 15 |
THIS
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ECONOMIC
AND TRADE SANCTIONS CONDITION
The
following condition is added to the Policy:
ECONOMIC
AND TRADE SANCTIONS CONDITION
In
accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy is void from its inception
with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and
trade embargoes including, but not limited to the following:
| 1. | Any
insured under this Policy, or any person or entity claiming the benefits of such insured,
who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject
to U.S. economic or trade sanctions; |
| 2. | Any
claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government,
where any action in connection with such claim or suit is prohibited by U.S. economic or
trade sanctions; |
| 3. | Any
claim or suit that is brought by any Specially Designated National or Blocked Person or any
person or entity who is otherwise subject to U.S. economic or trade sanctions; |
| 4. | Property
that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody
or control of a Sanctioned Country Government, where any activities related to such property
are prohibited by U.S. economic or trade sanctions; or |
| 5. | Property
that is owned by, rented to or in the care, custody or control of a Specially Designated
National or Blocked Person, or any person or entity who is otherwise subject to U.S. economic
or trade sanctions. |
As
used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated
Nationals and Blocked Persons issued by the U.S. Treasury Departments Office of Foreign Asset Control (O.F.A.C.) as it may be
from time to time amended.
As
used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or
regulations of the United States of America.
ENDORSEMENT
NUMBER: 1
POLICY NUMBER: 652285819
ISSUED TO: Kayne Anderson BDC, Inc.
EFFECTIVE DATE OF ENDORSEMENT: 11/01/2024
This
endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective
date of said Policy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown
above.
By Authorized Representative |
|
(No
signature is required if this endorsement is issued with the Policy or if it is effective on the Policy Effective Date)
G-145184-A
(Ed. 6/03)
Page 1 of 1
CLAIMS
EXPENSE COVERAGE RIDER
In
consideration of the premium, the bond is amended as follows:
| I. | Insuring
Clause 1, Employee Coverage set forth in the INSURING CLAUSES section of the bond
is amended to add the following: |
This
bond provides coverage for reasonable and necessary expenses incurred and paid by the INSURED, with prior written approval from
the UNDERWRITER, in preparing any claim for a loss payable pursuant to Insuring Agreement 1, Employee Coverage.
The
UNDERWRITERS Limit of Liability for this coverage shall be $75,000 with respect to any loss. This Limit of Liability will
be part of and not in addition to the Limit of Liability applicable to Insuring Agreement 1, Employee Coverage shown in ITEM 3
of the DECLARATIONS.
| II. | Solely
with respect to the coverage provided by this Rider, exclusion (10) set forth in Section
1, Exclusions of the CONDITIONS AND LIMITATIONS is deleted. |
All
other terms and conditions of the Bond remain unchanged.
This
rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective
date of said Bond at the hour stated in said Bond, unless another effective date is shown below, and expires concurrently
with said Bond. |
CNA94805XX
(1-19) |
Bond
No: |
652285819 |
Page
1 |
Rider
No: |
2 |
Continental
Insurance Company |
Effective
Date: |
11/01/2024 |
Insured
Name: Kayne Anderson BDC, Inc. |
|
|
|
|
|
©
CNA All Rights Reserved. |
EMAIL
NOTICE ENDORSEMENT
In
consideration of the premium paid for this Policy, it is understood and agreed that Item 5 of the Declarations is deleted in its
entirety and replaced with the following:
Notice
of claim should be sent to the Underwriter: |
a)
via regular mail, at |
|
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|
CNA
Pro |
|
Fidelity
Bonding |
|
125
Broad Street |
|
New
York, New York 10004 |
|
|
|
or |
|
|
|
b)
via email, at the email address provided below: |
|
|
|
OpenBrokerageNewClaims@cna.com |
If
mailed or emailed, the date the Insurer receives such notice shall constitute the date such notice was given. Proof of mailing
or emailing shall be sufficient proof of notice.
All
other terms and conditions of the Policy remain unchanged.
This
endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on
the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires
concurrently with said Policy. |
CNA68791XX
(7-12) |
Policy
No: |
652285819 |
Page
1 |
Endorsement
No: |
3 |
Continental
Insurance Company |
Effective
Date: |
11/01/2024 |
Insured
Name: Kayne Anderson BDC, Inc. |
|
|
|
|
|
©
CNA All Rights Reserved. |
FRAUDULENT
TRANSFER INSTRUCTIONS INSURING CLAUSE RIDER
In
consideration of the premium, the bond is amended as follows:
| I. | Item
3, Limit of Liability of the Declarations is amended to add the following: |
INSURING
CLAUSE |
LIMIT
OF LIABILITY |
DEDUCTIBLE |
|
|
|
Fraudulent
Transfer Instructions |
$2,000,000 |
$15,000 |
|
|
|
|
$N/A
for any single transfer for which call back verification is required |
|
| II. | The
section entitled Insuring Clauses is amended to add the following Insuring Clause: |
FRAUDULENT
TRANSFER INSTRUCTIONS
Loss
resulting directly from the INSURED having, in good faith, transferred Money deposited in a Customers account, or a Customers
Certificated Security or Uncertificated Security, in reliance upon a fraudulent transfer instruction transmitted to the INSURED
via telefacsimile, electronic mail, or telephone, provided, however, that:
| a. | the
fraudulent transfer instruction purports and reasonably appears to have originated from: |
| ii. | an
Employee acting on the instruction of such Customer, or |
| iii. | another
financial institution acting on behalf of such Customer with authority to make such instruction; |
| b. | the
sender of the fraudulent instruction verified the instruction with the password, personal identification number (PIN),
or other security code of such Customer, |
| c. | the
sender was not such Customer, was not authorized to act on behalf of such Customer, and was not an Employee; |
| d. | the
instruction was received by an Employee specifically authorized by the INSURED to receive and act upon such instruction, |
| e. | for
any transfer exceeding the LIMIT OF LIABILITY stated in ITEM 3 of the DECLARATIONS as
the limit of liability for any single transfer for which call back verification is required,
the INSURED verified the instructions via a call back to a predetermined telephone number
set forth in a written agreement with such Customer or other verification procedure approved
in writing by the UNDERWRITER, |
| f. | the
INSURED preserved a contemporaneous record of the call back, if any, and the instruction
which verifies the use of the authorized password, PIN, or other security code of such
Customer, and |
| g. | as
a condition precedent for coverage under this Insuring Clause, the INSURED must assert
any available claims, offsets, or defenses against such Customer, any financial institution,
or any other party to the transaction. |
| III. | Solely
with respect to the coverage provided by this Rider, paragraph 1, Exclusions of the section entitled Conditions and Limitations
is amended as follows: |
| A. | Exclusion
A(11) is deleted and replaced with the following: |
| (11) | loss
resulting from voice requests or instructions received over the telephone, provided however,
this EXCLUSION does not apply to INSURING CLAUSE 7. or 9. or the Insuring Clause entitled
FRAUDULENT TRANSFER INSTRUCTIONS. |
CNA96915XX
(10-19) |
Bond
No: |
652285819 |
Page
1 |
Rider
No: |
4 |
Continental
Insurance Company |
Effective
Date: |
11/01/2024 |
Insured
Name: Kayne Anderson BDC, Inc. |
|
|
|
|
|
©
CNA All Rights Reserved. |
| B. | The
following is added: |
SPECIFIC EXCLUSIONS APPLICABLE TO THE
INSURING CLAUSE ENTITED FRAUDULENT TRANSFER INSTRUCTIONS
This
bond does not directly or indirectly cover:
| (1) | loss
resulting directly or indirectly from a fraudulent instruction if the sender, or anyone
acting in collusion with the sender, ever had authorized access to such password, PIN,
or other security code; |
| (2) | loss
resulting directly or indirectly from the fraudulent alteration of an instruction to
initiate an automated clearing house (ACH) entry, or group of ACH entries, transmitted
as an electronic message, or as an attachment to an electronic message, sent via the
internet, unless: |
| a. | each
ACH entry was individually verified via the call back procedure without regard to the
amount of the entry, or |
| b. | the
instruction was formatted, encoded, or encrypted so that any altercation in the ACH entry
or group of ACH entries would be apparent to the INSURED. |
| IV. | Solely
with respect to the coverage provided by this Rider, paragraph 4, Limit of Liability/Non-Reduction
and Non- Accumulation of Liability is amended to add the following: |
All
loss resulting from one natural person or entity, or one group of natural persons or entities acting together, will be deemed
to be one loss and will be limited to the applicable LIMIT OF LIABILITY stated in ITEM 3. of the DECLARATIONS of this bond irrespective
of the total amount of such loss or losses and without regard to the number of transfers or the number of instructions involved
and will not be cumulative in amounts from year to year or from period to period.
| V. | Solely
with respect to the coverage provided by this Rider, paragraph 5, Deductible is amended
to add the following: |
The
UNDERWRITER will not be liable under the FRAUDULENT TRANSFER INSTRUCTION INSURING CLAUSE of this bond on account of loss unless
the amount of such loss, after deducting the net amount of all reimbursement and/or recovery obtained or made by the INSURED,
other than from any bond or policy of insurance issued by an insurance company and covering such loss, or by the UNDERWRITER on
account thereof prior to payment by the UNDERWRITER of such loss, will exceed the DEDUCTIBLE AMOUNT set forth in ITEM 3. of the
DECLARATIONS, and then for such excess only, but in no event for more than the applicable LIMIT OF LIABILITY stated in ITEM 3.
of the DECLARATIONS
| VI. | Solely
with respect to the coverage provided by this Rider, the section entitled DEFINITIONS
is amended as follows: |
| A. | The
definition of Customer is deleted and replaced with the following: |
Customer
means any individual, corporate partnership, proprietor, trust customer, shareholder, or subscriber of an Investment Company
which has a written agreement with the INSURED authorizing the INSURED to transfer Money on deposit in an account or Certificated
Security or Uncertificated Security in reliance upon instructions transmitted to the INSURED via telefacsimile, electronic mail,
or telephone.
| B. | The
following definitions are added: |
Certificated
Security means a share, participation, or other interest in property of, or an enterprise of, the issuer or an obligation
of the issuer, which is:
| 1. | represented
by an instrument issued in bearer or registered form, |
| 2. | of
a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt
in as a medium for investment, and |
| 3. | either
one of a class or series or by its terms divisible into a class or series of shares, participations, interests, or obligations. |
CNA96915XX
(10-19) |
Bond
No: |
652285819 |
Page
2 |
Rider
No: |
4 |
Continental
Insurance Company |
Effective
Date: |
11/01/2024 |
Insured
Name: Kayne Anderson BDC, Inc. |
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©
CNA All Rights Reserved. |
Money
means a medium of exchange in current use authorized or adopted by a domestic or foreign government as part of its currency.
Uncertificated
Security means a share, participation, or other interest in property of or an enterprise of the issuer or an obligation of
the issuer, which is:
| 1. | not
represented by an instrument and the transfer of which is registered on books maintained for that purpose by or on behalf of the
issuer, |
| 2. | of
a type commonly dealt in on securities exchanges or markets, and |
| 3. | either
one of a class or series or by its terms divisible into a class or series of shares, participations, interests, or obligations. |
All
other terms and conditions of the Bond remain unchanged.
This
rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective
date of said Bond at the hour stated in said Bond, unless another effective date is shown below, and expires concurrently
with said Bond. |
CNA96915XX
(10-19) |
Bond
No: |
652285819 |
Page
3 |
Rider
No: |
4 |
Continental
Insurance Company |
Effective
Date: |
11/01/2024 |
Insured
Name: Kayne Anderson BDC, Inc. |
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|
|
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©
CNA All Rights Reserved. |
INCREASE
IN ASSET SIZE ENDORSEMENT
In
consideration of the premium paid, it is agreed that the bond is amended as follows:
If
the Insured shall, while this bond is in force, require an increase in limits to comply with SEC Reg. 17g-1, Investment Company
Act and Rules, due to an increase in asset size whether by growth of current funds insured under the bond or by the addition of
new funds, such increase in limits shall automatically be covered hereunder from the date of such increase without the payment
of additional premium for the remainder of the policy period.
Nothing
herein contained shall be held to vary, alter, waive or extend any of the terms, limitations conditions or agreements of the attached
bond other than as stated above.
This
endorsement, which forms a part of and is for attachment to the following described Policy issued by the designated Insurers takes
effect on the effective date of said Policy, unless another effective date is shown below, at the hour stated in said Policy and
expires concurrently with said Policy.
Must
be Completed |
|
Complete
Only When This Endorsement Is Not Prepared with the Policy
or is Not to be Effective with the Policy |
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ENDT.
NO. |
POLICY
NO. |
|
ISSUED
TO |
EFFECTIVE
DATE OF |
|
|
|
|
THIS
ENDORSEMENT |
5 |
652285819 |
|
Kayne
Anderson BDC, Inc. |
11/01/2024 |
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Countersigned
by |
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Authorized
Representative |
Page
1 of 1
CNA
INSURANCE COMPANIES
PRO-4138-A
(ED.
10/99)
CRYPTOCURRENCY EXCLUSION RIDER
In
consideration of the premium, Paragraph A. General Exclusions Applicable to All Insuring Clauses of Section 1, Exclusions set
forth in the CONDITIONS AND LIMITATIONS of the bond is amended to add the following:
This
bond does not directly or indirectly cover loss resulting from the theft, destruction, disappearance, misplacement, or change
in value of any virtual or digital currency in which cryptography or other encryption security techniques are used to regulate
the generation of units of currency and/or verify the transfer of funds, operating independently of a central bank, including
when such virtual or digital currency cannot be retrieved or accessed for any reason.
All
other terms and conditions of the Bond remain unchanged.
This
rider, which forms a part of and is for attachment to the Bond issued by the designated Insurers, takes effect on the effective
date of said Bond at the hour stated in said Bond, unless another effective date is shown below, and expires concurrently
with said Bond. |
CNA95228XX
(3-19) |
Policy
No: |
652285819 |
Page
1 |
Endorsement
No: |
6 |
Continental
Insurance Company |
Effective
Date: |
11/01/2024 |
Insured
Name: Kayne Anderson BDC, Inc. |
|
|
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|
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©
CNA All Rights Reserved. |
|
Policy
Holder Notice -
Texas Consumer Complaint Information |
Have
a complaint or need help?
If
you have a problem with a claim or your premium, call your insurance company first. If you cant work out the issue, the Texas
Department of Insurance may be able to help.
Even
if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company.
If you dont, you may lose your right to appeal.
CNA
Insurance Group
To
get information or file a complaint with your insurance company:
|
Call
Toll Free: |
1-800-262-2000 |
|
Email: |
CNA_help@cna.com |
|
Mail: |
151
North Franklin Street Chicago, Illinois 60606 |
The
Texas Department of Insurance
To
get help with an insurance question or file a complaint with the state:
|
Call
with a question: |
1-800-252-3439 |
|
File
a complaint: |
www.tdi.texas.gov |
|
Email: |
ConsumerProtection@tdi.texas.gov |
|
Mail: |
MC 111-1A,
P.O. Box 149091, Austin, TX 78714-9091 |
¿Tiene
una queja o necesita ayuda?
Si
tiene un problema con una reclamación o con su prima de seguro, llame primero a su compañía de seguros. Si no puede
resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en inglés)
pueda ayudar.
Aun
si usted presenta una queja ante el Departamento de Seguros de Texas, también debe presentar una queja a través del proceso
de quejas o de apelaciones de su compañía de seguros. Si no lo hace, podría perder su derecho para apelar.
CNA
Insurance Group
Para
obtener información o para presentar una queja ante su compañía de seguros:
|
Teléfono
gratuito: |
1-800-262-2000 |
|
Correo
electrónico: |
CNA_help@cna.com |
|
Dirección
postal: |
151
North Franklin Street Chicago, Illinois 60606 |
El
Departamento de Seguros de Texas
Para
obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado:
|
Llame
con sus preguntas al: |
1-800-252-3439 |
|
Presente
una queja en: |
www.tdi.texas.gov |
|
Correo
electrónico: |
ConsumerProtection@tdi.texas.gov |
|
Dirección
postal: |
MC 111-1A,
P.O. Box 149091, Austin, TX 78714-9091 |
CNA97490TX
01-2020
©
Copyright CNA All Rights Reserved.
Certified Resolutions
I, Michael J. O’Neil, Secretary of Kayne
Anderson BDC, Inc. (the “Fund” or “KBDC”), hereby certify that the following resolutions were adopted by the Board
of Directors of the Fund, (the “Board”), including a majority of the Directors who were not “interested persons”
of the Fund, at a meeting of the Board held on November 6, 2024:
Renewal of Fidelity Bond for the Fund (under
Rule 17g-1)
WHEREAS, the Board has determined
that it is advisable and in the best interests of the Fund to renew its fidelity bond coverage in an amount sufficient to cover the minimum
legal requirements pertinent to the Fund as required by the 1940 Act.
RESOLVED, that the renewal of
the fidelity bond of $2,000,000 for KBDC from Willis Towers Watson for the premium presented at this Meeting, in the form of a Financial
Institution Bond underwritten by CNA, covering each Officer and employee of KBDC, as defined therein, against larceny and embezzlement,
be, and it hereby is, approved, with consideration having been given to the coverage of the fidelity bond in view of the assets of KBDC
to which covered persons may have access, the type and terms of the custody arrangements, and the nature of KBDC’s portfolio securities;
and
FURTHER RESOLVED, that the Chief
Financial Officer of the Fund be, and hereby is, designated as the party responsible for making the necessary filings and giving the notices
with respect to such bonds required by paragraph (g) of Rule 17g-1 under the 1940 Act.
November 21, 2024 /s/ Michael J. O’Neil
Michael
J. O’Neil, Secretary
Kayne Anderson Bdc (NYSE:KBDC)
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