INVESTMENT COMPANY BLANKET BOND
St. Paul Fire and Marine Insurance Company
St. Paul, Minnesota 55102-1396 (A Stock Insurance Company, herein called
Underwriter)
DECLARATIONS BOND NO. 490PB1832
Item 1. Name of Insured (herein called Insured):
THE SELECT SECTOR SPDR TRUST
Principal Address:
225 Franklin Street Boston, MA 02110
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
Item 2. Bond Period from 12:01 a.m. on 03/01/08 to 12:01 a.m. on 03/01/2009 the
effective date of the termination or cancellation of the bond, standard time at
the Principal Address as to each of said dates.
Item 3. Limit of Liability
Subject to Sections 9, 10, and 12 hereof:
Limit of Liability Deductible Amount
------------------ -----------------
Insuring Agreement A - FIDELITY $2,500,000 $10,000
Insuring Agreement B - AUDIT EXPENSE $2,500,000 $ NIL
Insuring Agreement C - PREMISES $2,500,000 $10,000
Insuring Agreement D - TRANSIT $2,500,000 $10,000
Insuring Agreement E - FORGERY OR
ALTERATION $2,500,000 $10,000
Insuring Agreement F - SECURITIES $2,500,000 $10,000
Insuring Agreement G - COUNTERFEIT
CURRENCY $2,500,000 $10,000
Insuring Agreement H - STOP PAYMENT $ 100,000 $ 5,000
Insuring Agreement I - UNCOLLECTIBLE
ITEMS OF DEPOSIT $ 100,000 $ 5,000
OPTIONAL COVERAGES ADDED BY RIDER:
(J) - UNAUTHORIZED SIGNATURES $ 100,000 $ 5,000
(K) - COMPUTER SYSTEMS $2,500,000 $10,000
(L) - TELEFACIMILE TRANSACTIONS $2,500,000 $10,000
(M) - VOICE INITIATED TRANSACTIONS $2,500,000 $10,000
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If "Not Covered" is inserted above opposite any specified Insuring Agreement or
Coverage, such Insuring Agreement or Coverage and any other reference thereto in
this bond shall be deemed to be deleted therefrom.
Item 4. Offices or Premises Covered - Offices acquired or established subsequent
to the effective date of this bond are covered according to the terms of General
Agreement A. All the Insured's offices or premises in existence at the time this
bond becomes effective are covered under this bond except the offices or
premises located as follows: N/A
ICB001 Rev. 7/04 2004 The Travelers Companies, Inc. Page 1 of 2
Item 5. The liability of the Underwriter is subject to the terms of the
following
endorsements or riders attached hereto: Endorsements or Riders No. 1 through
ICB001 Rev. 7/04, ICB010 Ed. 7-04, ICB011 Ed. 7-04, ICB012 Ed. 7-04, ICB013 Ed.
7-04, ICB014 Ed. 7-04, ICB015 Ed. 7-04, ICB016 Ed. 7-04, ICB026 Ed. 7-04 Item 6.
The Insured by the acceptance of this bond gives notice to the
Underwriterterminating or canceling prior bonds or policy(ies) No.(s) 490PB1481
such termination or cancellation to be effective as of the time this bond
becomes effective.
IN WITNESS WHEREOF, the Company has caused this bond to be signed by its
President and Secretary and countersigned by a duly authorized representative of
the Company.
Countersigned: ST. PAUL FIRE AND MARINE INSURANCE COMPANY
/s/Bruce Backberg, Secretary
/s/Brian MacLean, President
Authorized Representative Countersigned At
Countersignature Date
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The Underwriter, in consideration of an agreed premium, and subject to the
Declarations made a part hereof, the General Agreements, Conditions and
Limitations and other terms of this bond, agrees with the Insured, in accordance
with the Insuring Agreements hereof to which an amount of insurance is
applicable as set forth in Item 3 of the Declarations and with respect to loss
sustained by the Insured at any time but discovered during the Bond Period, to
indemnify and hold harmless the Insured for:
INSURING AGREEMENTS
(A) FIDELITY
Loss resulting from any dishonest or fraudulent act(s), including Larceny or
Embezzlement, committed by an Employee, committed anywhere and whether committed
alone or in collusion with others, including loss of Property resulting from
such acts of an Employee, which Property is 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.
Dishonest or fraudulent act(s) as used in this Insuring Agreement shall mean
only dishonest or fraudulent act(s) committed by such Employee with the manifest
intent:
(a) to cause the Insured to sustain such loss; and
(b) to obtain financial benefit for the Employee, or for any other Person
or organization intended by the Employee to receive such benefit, other
than salaries, commissions, fees, bonuses, promotions, awards, profit
sharing, pensions or other employee benefits earned in the normal course of
employment.
(B) AUDIT EXPENSE
Expense incurred by the Insured for that part of the costs of audits or
examinations required by any governmental regulatory authority to be conducted
either by such authority or by an independent accountant by reason of the
discovery of loss sustained by the Insured through any dishonest or fraudulent
act(s), including Larceny or Embezzlement, of any of the Employees. The total
liability of the Underwriter for such expense by reason of such acts of any
Employee or in which such Employee is concerned or implicated or with respect to
any one audit or examination is limited to the amount stated opposite Audit
Expense in Item 3 of the Declarations; it being understood, however, that such
expense shall be deemed to be a loss sustained by the Insured through any
dishonest or fraudulent act(s), including Larceny or Embezzlement, of one or
more of the Employees, and the liability under this paragraph shall be in
addition to the Limit of Liability stated in Insuring Agreement (A) in Item 3 of
the Declarations.
(C) ON PREMISES
Loss of Property (occurring with or without negligence or violence) through
robbery, burglary, Larceny, theft, holdup, or other fraudulent means,
misplacement, mysterious unexplainable disappearance, damage thereto or
destruction thereof, abstraction or removal from the possession, custody or
control of the Insured, and loss of subscription, conversion, redemption or
deposit privileges through the misplacement or loss of Property, while the
Property is (or is supposed or believed by the Insured to be) lodged or
deposited within any offices or premises located anywhere, except in an office
listed in Item 4 of the Declarations or amendment thereof or in the mail or with
a carrier for hire, other than an armored motor vehicle company, for the purpose
of transportation.
Office and Equipment
(1) loss of or damage to furnishings, fixtures, stationery, supplies or
equipment, within any of the Insured's offices covered under this bond
caused by Larceny or theft in, or by burglary, robbery or hold-up of, such
office, or attempt thereat, or by vandalism or malicious mischief; or
(2) loss through damage to any such office by Larceny or theft in, or by
burglary, robbery or hold-up of, such office, or attempt 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 or equipment or is legally liable for such
loss or damage always excepting, however, all loss or damage through fire.
(D) IN TRANSIT
ICB005 Ed. 7-04 1 of 12
Loss of Property (occurring with or without negligence or violence) through
robbery, Larceny, theft, hold-up, misplacement, mysterious unexplainable
disappearance, being lost or otherwise made away with, damage thereto or
destruction thereof, and loss of subscription, conversion, redemption or deposit
privileges through the misplacement or loss of Property, while the Property is
in transit anywhere in the custody of any person or persons acting as messenger,
except while in the mail or with a carrier for hire, other than an armored motor
vehicle company, for the purpose of transportation, such transit to begin
immediately upon receipt of such Property by the transporting person or persons,
and to end immediately upon delivery thereof at destination.
(E) FORGERY 0R ALTERATION
Loss through Forgery or alteration of or on:
(1) any bills of exchange, checks, drafts, acceptances, certificates of
deposit, promissory notes, or other written promises, orders or directions
to pay sums certain in money, due bills, money orders, warrants, orders
upon public treasuries, letters of credit; or
(2) other written instructions, advices or applications directed to the
Insured, authorizing or acknowledging the transfer, payment, delivery or
receipt of funds or Property, which instructions, advices or applications
purport to have been signed or endorsed by any:
(a) customer of the Insured, or
(b) shareholder or subscriber to shares, whether certificated or
uncertificated, of any Investment Company, or
(c) financial or banking institution or stockbroker,
but which instructions, advices or applications either bear the forged signature
or endorsement or have been altered without the knowledge and consent of such
customer, shareholder or subscriber to shares, or financial or banking
institution or stockbroker; or
(3) withdrawal orders or receipts for the withdrawal of funds or Property,
or receipts or certificates of deposit for Property and bearing the name of
the Insured as issuer, or of another Investment Company for which the
Insured acts as agent,
excluding, however, any loss covered under Insuring Agreement (F) hereof whether
or not coverage for Insuring Agreement (F) is provided for in the Declarations
of this bond.
Any check or draft (a) made payable to a fictitious payee and endorsed in the
name of such fictitious payee or (b) procured in a transaction with the maker or
drawer thereof or with one acting as an agent of such maker or drawer or anyone
impersonating another and made or drawn payable to the one so impersonated and
endorsed by anyone other than the one impersonated, shall be deemed to be forged
as to such endorsement.
Mechanically reproduced facsimile signatures are treated the same as handwritten
signatures.
(F) SECURITIES
Loss sustained by the Insured, including loss sustained by reason of a violation
of the constitution by-laws, rules or regulations of any Self Regulatory
Organization of which the Insured is a member or which would have been imposed
upon the Insured by the constitution, by-laws, rules or regulations of any Self
Regulatory Organization if the Insured had been a member thereof,
(1) through the Insured's having, in good faith and in the course of
business, whether for its own account or for the account of others, in any
representative, fiduciary, agency or any other capacity, either
gratuitously or otherwise, purchased or otherwise acquired, accepted or
received, or sold or delivered, or given any value, extended any credit or
assumed any liability, on the faith of, or otherwise acted upon, any
securities, documents or other written instruments which prove to have
been:
(a) counterfeited, or
(b) forged as to the signature of any maker, drawer, issuer, endorser,
assignor, lessee, transfer agent or registrar, acceptor, surety or
guarantor or as to the signature of any person signing in any other
capacity, or
(c) raised or otherwise altered, or lost, or stolen, or
(2) through the Insured's having, in good faith and in the course of
business, guaranteed in writing or witnessed any signatures whether for
valuable consideration or not and whether or not such guaranteeing or
witnessing is ultra vires the Insured, upon any transfers,
ICB005 Ed. 7-04 2 of 12
assignments, bills of sale, powers of attorney, guarantees, endorsements or
other obligations upon or in connection with any securities, documents or other
written instruments and which pass or purport to pass title to such securities,
documents or other written instruments; excluding losses caused by Forgery or
alteration of, on or in those instruments covered under Insuring Agreement (E)
hereof.
Securities, documents or other written instruments shall be deemed to mean
original (including original counterparts) negotiable or non-negotiable
agreements which in and of themselves represent an equitable interest,
ownership, or debt, including an assignment thereof, which instruments are, in
the ordinary course of business, transferable by delivery of such agreements
with any necessary endorsement or assignment.
The word "counterfeited" as used in this Insuring Agreement shall be deemed to
mean any security, document or other written instrument which is intended to
deceive and to be taken for an original.
Mechanically reproduced facsimile signatures are treated the same as handwritten
signatures.
(G) COUNTERFEIT CURRENCY
Loss through the receipt by the Insured, in good faith, of any counterfeited
money orders or altered paper currencies or coin of the United States of America
or Canada issued or purporting to have been issued by the United States of
America or Canada or issued pursuant to a United States of America or Canada
statute for use as currency.
(H) STOP PAYMENT
Loss against any and all sums which the Insured shall become obligated to pay by
reason of the liability imposed upon the Insured by law for damages: For having
either complied with or failed to comply with any written notice of any
customer, shareholder or subscriber of the Insured or any Authorized
Representative of such customer, shareholder or subscriber to stop payment of
any check or draft made or drawn by such customer, shareholder or subscriber or
any Authorized Representative of such customer, shareholder or subscriber, or
For having refused to pay any check or draft made or drawn by any customer,
shareholder or subscriber of the Insured or any Authorized Representative of
such customer, shareholder or subscriber.
(I) UNCOLLECTIBLE ITEMS OF DEPOSIT
Loss resulting from payments of dividends or fund shares, or withdrawals
permitted from any customer's, shareholder's, or subscriber's account based upon
Uncollectible Items of Deposit of a customer, shareholder or subscriber credited
by the Insured or the Insured's agent to such customer's, shareholder's or
subscriber's Mutual Fund Account; or loss resulting from an Item of Deposit
processed through an Automated Clearing House which is reversed by the customer,
shareholder or subscriber and deemed uncollectible by the Insured.
Loss includes dividends and interest accrued not to exceed 15% of the
Uncollectible Items which are deposited.
This Insuring Agreement applies to all Mutual Funds with "exchange privileges"
if all Fund(s) in the exchange program are insured by the Underwriter for
Uncollectible Items of Deposit. Regardless of the number of transactions between
Fund(s), the minimum number of days of deposit within the Fund(s) before
withdrawal as declared in the Fund(s) prospectus shall begin from the date a
deposit was first credited to any Insured Fund(s).
GENERAL AGREEMENTS
A. ADDITIONAL OFFICES OR EMPLOYEES CONSOLIDATION OR MERGER - NOTICE
(1) If the Insured shall, while this bond is in force, establish any additional
office or offices, such offices shall be automatically covered hereunder from
the dates of their establishment, respectively. No notice to the Underwriter of
an increase during any premium period in the number of offices or in the number
of Employees at any of the offices covered hereunder need be given and no
additional premium need be paid for the remainder of such premium period.
(2) If an Investment Company, named as Insured herein, shall, while this bond is
in force, merge or consolidate with, or purchase the assets of another
institution, coverage for such acquisition shall apply automatically from the
date of acquisition. The Insured shall notify the Underwriter of such
acquisition within 60 days of said date, and an additional premium shall be
computed only if such acquisition involves additional offices or employees.
B. WARRANTY
No statement made by or on behalf of the Insured, whether contained in the
application or otherwise, shall be deemed to be a warranty of anything except
that it is true to the best of the knowledge and belief of the person making the
statement.
C. COURT COSTS AND ATTORNEYS' FEES
(Applicable to all Insuring Agreements or Coverages now or hereafter forming
part of this bond)
The Underwriter will indemnify the Insured against 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 suit or legal proceeding brought against the Insured to enforce
the Insured's liability or alleged liability on account of any loss, claim or
damage which, if established against the Insured, would constitute a loss
sustained by the Insured covered under the terms of this bond provided, however,
that with respect to Insuring Agreement (A) this indemnity shall apply only in
the event that:
(1) an Employee admits to being guilty of any dishonest or fraudulent
act(s), including Larceny or Embezzlement; or
(2) an Employee is adjudicated to be guilty of any dishonest or fraudulent
act(s), including Larceny or Embezzlement;
(3) in the absence of (1) or (2) above an arbitration panel agrees, after a
review of an agreed statement of facts, that an Employee would be found
guilty of dishonesty if such Employee were prosecuted.
The Insured shall promptly give notice to the Underwriter of any such suit or
legal proceedings and at the request of the Underwriter shall furnish it with
copies of all pleadings and other papers therein. At the Underwriter's election
the Insured shall permit the Underwriter to conduct the defense of such suit or
legal proceeding, in the Insured's name, through attorneys of the Underwriter's
selection. In such event, the Insured shall give all reasonable information and
assistance which the Underwriter shall deem necessary to the proper defense of
such suit or legal proceeding.
If the amount of the Insured's liability or alleged liability is greater than
the amount recoverable under this bond, or if a Deductible Amount is applicable,
or both, the liability of the Underwriter under this General Agreement is
limited to the proportion of court costs and attorneys' fees incurred and paid
by the Insured or by the Underwriter that the amount recoverable under this bond
bears to the total of such amount plus the amount which is not so recoverable.
Such indemnity shall be in addition to the Limit of Liability for the applicable
Insuring Agreement or Coverage.
D. FORMER EMPLOYEE
Acts of an Employee, as defined in this bond, are covered under Insuring
Agreement (A) only while the Employee is in the Insured's employ. Should loss
involving a former Employee of the Insured be discovered subsequent to the
termination of employment, coverage would still apply under Insuring Agreement
(A) if the direct proximate cause of the loss occurred while the former Employee
performed duties within the scope of his/her employment.
THE FOREGOING INSURING AGREEMENTS AND GENERAL AGREEMENTS ARE SUBJECT TO THE
FOLLOWING CONDITIONS AND LIMITATIONS:
SECTION 1. DEFINITIONS (2) any of the officers or employees of any The
following terms, as used in this bond have the predecessor of the
Insured whose principal respective meanings stated in this Section:
assets are acquired by the Insured by
(a) "Employee" means: consolidation or merger with, or purchase of
assets or capital stock of, such predecessor,
(1) any of the Insured's officers, partners, or and employees, and
(3) attorneys retained by the Insured to perform legal services for the
Insured and the employees of such attorneys while such attorneys or
employees of such attorneys are performing such services for the Insured,
and
(4) guest students pursuing their studies or duties in any of the Insured's
offices, and
(5) directors or trustees of the Insured, the investment advisor,
underwriter (distributor), transfer agent, or shareholder accounting record
keeper, or administrator authorized by written agreement to keep financial
and/or other required records, but only while performing acts coming within
the scope of the usual duties of an officer or employee or while acting as
a member of any committee duly elected or appointed to examine or audit or
have custody of or access to the Property of the Insured, and
(6) any individual or individuals assigned to perform the usual duties of
an employee within the premises of the Insured, by contract, or by any
agency furnishing temporary personnel on a contingent or part-time basis,
and
(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 of the Insured, but excluding any
such processor who acts as transfer agent or in any other agency capacity
in issuing checks, drafts or securities for the Insured, unless included
under sub-section (9) hereof, and
(8) those persons so designated in Section 15, Central Handling of
Securities, and
(9) any officer, partner, or Employee of:
(a) an investment advisor,
(b) an underwriter (distributor),
(c) a transfer agent or shareholder accounting record-keeper, or
(d) an administrator authorized by written agreement to keep financial
and/or other required records,
for an Investment Company named as Insured while performing acts coming within
the scope of the usual duties of an officer or Employee of any investment
Company named as Insured herein, or while acting as a member of any committee
duly elected or appointed to examine or audit or have custody of or access to
the Property of any such Investment Company, provided that only Employees or
partners of a transfer agent, shareholder accounting record-keeper or
administrator which is an affiliated person, as defined in the Investment
Company Act of 1940, of an Investment Company named as Insured or is an
affiliated person of the advisor, underwriter or administrator of such
Investment Company, and which is not a bank, shall be included within the
definition of Employee.
Each employer of temporary personnel or processors as set forth in sub-sections
(6) and (7) of Section 1(a) and their partners, officers and employees shall
collectively be deemed to be one person for all the purposes of this bond,
excepting, however, the last paragraph of Section 13.
Brokers, or other agents under contract or representatives of the same general
character shall not be considered Employees.
(b) "Property" means money (i.e. currency, coin, bank notes, Federal
Reserve notes), postage and revenue stamps, U.S. Savings Stamps, bullion,
precious metals of all kinds and in any form and articles made therefrom,
jewelry, watches, necklaces, bracelets, gems, precious and semi-precious
stones, bonds, securities, evidences of debts, debentures, scrip,
certificates, interim receipts, warrants, rights, puts, calls, straddles,
spreads, transfers, coupons, drafts, bills of exchange, acceptances, notes,
checks, withdrawal orders, money orders, warehouse receipts, bills of
lading, conditional sales contracts, abstracts of title, insurance
policies, deeds, mortgages under real estate and/or chattels and upon
interests therein, and assignments of such policies, mortgages and
instruments, and other valuable papers, including books of account and
other records used by the Insured in the conduct of its business, and all
other instruments similar to or in the nature of the foregoing including
Electronic Representations of such instruments enumerated above (but
excluding all data processing records) in which the Insured has an interest
or in which the Insured acquired or should have acquired an interest by
reason of a predecessor's declared financial condition at the time of the
Insured's consolidation or merger with, or purchase of the principal assets
of, such 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.
(c) "Forgery" means the signing of the name of another with intent to
deceive; it does not include the signing of one's own name with or without
authority, in any capacity, for any purpose.
(d) "Larceny and Embezzlement" as it applies to any named Insured means
those acts as set forth in Section 37 of the Investment Company Act of
1940.
(e) "Items of Deposit" means any one or more checks and drafts. Items of
Deposit shall not be deemed uncollectible until the Insured's collection
procedures have failed.
SECTION 2. EXCLUSIONS THIS BOND, DOES NOT COVER:
(a) loss effected directly or indirectly by means of forgery or alteration
of, on or in any instrument, except when covered by Insuring Agreement (A),
(E), (F) or (G).
(b) loss due to riot or civil commotion outside the United States of
America and Canada; or loss due to military, naval or usurped power, war or
insurrection unless such loss occurs in transit in the circumstances
recited in Insuring Agreement (D), and unless, when such transit was
initiated, there was no knowledge of such riot, civil commotion, military,
naval or usurped power, war or insurrection on the part of any person
acting for the Insured in initiating such transit.
(c) loss, in time of peace or war, directly or indirectly caused by or
resulting from the effects of nuclear fission or fusion or radioactivity;
provided, however, that this paragraph shall not apply to loss resulting
from industrial uses of nuclear energy.
(d) loss resulting from any wrongful act or acts of any person who is a
member of the Board of Directors of the Insured or a member of any
equivalent body by whatsoever name known unless such person is also an
Employee or an elected official, partial owner or partner of the Insured in
some other capacity, nor, in any event, loss resulting from the act or acts
of any person while acting in the capacity of a member of such Board or
equivalent body.
(e) loss resulting from the complete or partial non-payment of, or default
upon, any loan or transaction in the nature of, or amounting to, a loan
made by or obtained from the Insured or any of its partners, directors or
Employees, whether authorized or unauthorized and whether procured in good
faith or through trick, artifice fraud or false pretenses, unless such loss
is covered under Insuring Agreement (A), (E) or (F).
(f) loss resulting from any violation by the Insured or by any Employee:
(1) of law regulating (a) the issuance, purchase or sale of
securities, (b) securities transactions upon Security Exchanges or
over the counter market, (c) Investment Companies, or (d) Investment
Advisors, or
(2) of any rule or regulation made pursuant to any such law. unless
such loss, in the absence of such laws, rules or regulations, would be
covered under Insuring Agreements (A) or (E).
(g) loss of Property or loss of privileges through the misplacement or loss
of Property as set forth in Insuring Agreement (C) or (D) while the
Property is in the custody of any armored motor vehicle company, unless
such loss shall be in excess of the amount recovered or received by the
Insured under (a) the Insured's contract with said armored motor vehicle
company, (b) insurance carried by said armored motor vehicle company for
the benefit of users of its service, and (c) all other insurance and
indemnity in force in whatsoever form carried by or for the benefit of
users of said armored motor vehicle company's service, and then this bond
shall cover only such excess.
(h) potential income, including but not limited to interest and dividends,
not realized by the Insured because of a loss covered under this bond,
except as included under Insuring Agreement (I).
(i) all damages of any type for which the Insured is legally liable, except
direct compensatory damages arising from a loss covered under this bond.
(j) loss through the surrender of Property away from an office of the
Insured as a result of a threat:
(1) to do bodily harm to any person, except loss of Property in
transit in the custody of any person acting as messenger provided that
when such transit was initiated there was no knowledge by the Insured
of any such threat, or
(2) to do damage to the premises or Property of the Insured, except
when covered under Insuring Agreement (A).
ICB005 Ed. 7-04 6 of 12
(k) all costs, fees and other expenses incurred by the Insured in
establishing the existence of or amount of loss covered under this bond
unless such indemnity is provided for under Insuring Agreement (B).
(l) loss resulting from payments made or withdrawals from the account of a
customer of the Insured, shareholder or subscriber to shares involving
funds erroneously credited to such account, unless such payments are made
to or withdrawn by such depositors or representative of such person, who is
within the premises of the drawee bank of the Insured or within the office
of the Insured at the time of such payment or withdrawal or unless such
payment is covered under Insuring Agreement (A).
(m) any loss resulting from Uncollectible Items of Deposit which are drawn
from a financial institution outside the fifty states of the United States
of America, District of Columbia, and territories and possessions of the
United States of America, and Canada.
SECTION 3. ASSIGNMENT OF RIGHTS
This bond does not afford coverage in favor of any Employers of temporary
personnel or of processors as set forth in sub-sections (6) and (7) of Section
1(a) of this bond, as aforesaid, and upon payment to the Insured by the
Underwriter on account of any loss through dishonest or fraudulent act(s)
including 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 Insured's 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 herein provided for.
SECTION 4. LOSS -NOTICE -PROOF LEGAL PROCEEDINGS
This bond is for the use and benefit only of the Insured named in the
Declarations and the Underwriter shall not be liable hereunder for loss
sustained by anyone other than the Insured unless the Insured, in its sole
discretion and at its option, shall include such loss in the Insured's proof of
loss. At the earliest practicable moment after discovery of any loss hereunder
the Insured shall give the Underwriter written notice thereof and shall also
within six months after such discovery furnish to the Underwriter affirmative
proof of loss with full particulars. If claim is made under this bond for loss
of securities or shares, the Underwriter shall not be liable unless each of such
securities or shares is identified in such proof of loss by a certificate or
bond number or, where such securities or shares are uncertificated, by such
identification means as agreed to by the Underwriter. The Underwriter shall have
thirty days after notice and proof of loss within which to investigate the
claim, but where the loss is clear and undisputed, settlement shall be made
within forty-eight hours; and this shall apply notwithstanding the loss is made
up wholly or in part of securities of which duplicates may be obtained. Legal
proceedings for recovery of any loss hereunder shall not be brought prior to the
expiration of sixty days after such proof of loss is filed with the Underwriter
nor after the expiration of twenty-four months from the discovery of such loss,
except that any action or proceedings to recover hereunder on account of any
judgment against the Insured in any suit mentioned in General Agreement C or to
recover attorneys' fees paid in any such suit, shall be begun within twenty-four
months from the date upon which the judgment in such suit shall become final. If
any limitation embodied in this bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
Discovery occurs when the Insured:
(a) becomes aware of facts, or
(b) receives written notice of an actual or potential claim by a third
party which alleges that the Insured is liable under circumstances,
which would cause a reasonable person to assume that a loss covered by the bond
has been or will be incurred even though the exact amount or details of loss may
not be then known.
SECTION 5. VALUATION OF PROPERTY
The value of any Property, except books of accounts or other records used by the
Insured in the conduct of its business, for the loss of which a claim shall be
made hereunder, shall be determined by the average market value of such Property
on the business day next preceding the discovery of such loss; provided,
however, that the value of any Property replaced by the Insured prior to the
payment of claim therefor shall be the actual market value at the time of
replacement; and further provided that in case of a loss or misplacement 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 thereof shall be the market value of such
privileges
ICB005 Ed. 7-04 7 of 12
immediately preceding the expiration thereof if said loss or misplacement 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 or by arbitration.
In case of any loss or damage to Property consisting of books of accounts or
other records used by the Insured in the conduct of its business, the
Underwriter shall be liable under this bond only if such books or records are
actually reproduced and then for not more than the cost of blank books, blank
pages or other materials plus the cost of labor for the actual transcription or
copying of data which shall have been furnished by the Insured in order to
reproduce such books and other records.
SECTION 6. VALUATION OF PREMISES AND FURNISHINGS
In case of damage to any office of the Insured, or loss of or damage to the
furnishings, fixtures, stationery, supplies, equipment, safes or vaults therein,
the Underwriter shall not be liable for more than the actual cash value thereof,
or for more than the actual cost of their 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 such cash value or
such cost of replacement or repair, such shall be determined by arbitration.
SECTION 7. LOST SECURITIES
If the Insured shall sustain a loss of securities the total value of which is in
excess of the limit stated in Item 3 of the Declarations of this bond, the
liability of the Underwriter shall be limited to payment for, or duplication of,
securities having value equal to the limit stated in Item 3 of the Declarations
of this bond.
If the Underwriter shall make payment to the Insured for any loss of securities,
the Insured shall thereupon assign to the Underwriter all of the Insured's
rights, title and interest in and to said securities.
With respect to securities the value of which do not exceed the Deductible
Amount (at the time of the discovery of the loss) and for which the Underwriter
may at its sole discretion and option and at the request of the Insured issue a
Lost Instrument Bond or Bonds to effect replacement thereof, the Insured will
pay the usual premium charged therefor and will indemnify the Underwriter
against all loss or expense that the Underwriter may sustain because of the
issuance of such Lost Instrument Bond or Bonds.
With respect to securities the value of which exceeds the Deductible Amount (at
the time of discovery of the loss) and for which the Underwriter may issue or
arrange for the issuance of a Lost Instrument Bond or Bonds to effect
replacement thereof, the Insured agrees that it will pay as premium therefor a
proportion of the usual premium charged therefor, said proportion being equal to
the percentage that the Deductible Amount bears to the value of the securities
upon discovery of the loss, and that it will indemnify the issuer of said Lost
Instrument Bond or Bonds against all loss and expense that is not recoverable
from the Underwriter under the terms and conditions of this Investment Company
Blanket Bond subject to the Limit of Liability hereunder.
SECTION 8. SALVAGE
in case of recovery, whether made by the Insured or by the Underwriter, on
account of any loss in excess of the Limit of Liability hereunder plus the
Deductible Amount applicable to such loss, from any source other than
suretyship, insurance, reinsurance, security or indemnity taken by or for the
benefit of the Underwriter, the net amount of such recovery, less the actual
costs and expenses of making same, shall be applied to reimburse the Insured in
full for the excess portion of such loss, and the remainder, if any, shall be
paid first in reimbursement of the Underwriter and thereafter in reimbursement
of the Insured for that part of such loss within the Deductible Amount. The
Insured shall execute all necessary papers to secure to the Underwriter the
rights provided for herein.
SECTION 9. NON-REDUCTION AND NONACCUMULATION OF LIABILITY AND TOTAL LIABILITY
At all times prior to termination hereof, this bond shall continue in force for
the limit stated in the applicable sections of Item 3 of the Declarations of
this bond notwithstanding any previous loss for which the Underwriter may have
paid or be liable to pay hereunder; PROVIDED, however, that regardless of the
number of years this bond shall continue in force and the number or premiums
which shall be payable or paid, the liability of the Underwriter under this bond
with respect to all loss resulting from:
(a) any one act of burglary, robbery or holdup, or attempt thereat, in
which no Partner or Employee is concerned or implicated shall be deemed to
be one loss, or
(b) any one unintentional or negligent act on the part of any other person
resulting in damage to or destruction or misplacement of Property, shall be
deemed to be one loss, or
ICB005 Ed. 7-04 8 of 12
(c) all wrongful acts, other than those specified in (a) above, of any one
person shall be deemed to be one loss, or
(d) all wrongful acts, other than those specified in (a) above, of one or
more persons (which dishonest act(s) or act(s) of Larceny or Embezzlement
include, but are not limited to, the failure of an Employee to report such
acts of others) whose dishonest act or acts intentionally or
unintentionally, knowingly or unknowingly, directly or indirectly, aid or
aids in any way, or permits the continuation of, the dishonest act or acts
of any other person or persons shall be deemed to be one loss with the act
or acts of the persons aided, or
(e) any one casualty or event other than those specified in (a), (b), (c)
or (d) preceding, 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.
Sub-section (c) is not applicable to any situation to which the language of
sub-section (d) applies.
SECTION 10. LIMIT OF LIABILITY
With respect to any loss set forth in the PROVIDED clause of Section 9 of this
bond which is recoverable or recovered in whole or in part under any other bonds
or policies issued by the Underwriter to the Insured or to any predecessor in
interest of the Insured and terminated or cancelled or allowed to expire and in
which the period of discovery has not expired at the time any such loss
thereunder is discovered, the total liability of the Underwriter under this bond
and under other bonds or policies shall not exceed, in the aggregate, the amount
carried hereunder on such loss or the amount available to the Insured under such
other bonds or policies, as limited by the terms and conditions thereof, for any
such loss if the latter amount be the larger.
SECTION 11. OTHER INSURANCE
If the Insured shall hold, as indemnity against any loss covered hereunder, any
valid and enforceable insurance or suretyship, the Underwriter shall be liable
hereunder only for such amount of such loss which is in excess of the amount of
such other insurance or suretyship, not exceeding, however, the Limit of
Liability of this bond applicable to such loss.
SECTION 12. DEDUCTIBLE
The Underwriter shall not be liable under any of the Insuring Agreements of this
bond on account of loss as specified, respectively, in sub-sections (a), (b),
(c), (d) and (e) of Section 9, NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY
AND TOTAL LIABILITY, 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 3 of the Declarations hereof (herein called Deductible Amount),
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.
The Insured will bear, in addition to the Deductible Amount, premiums on Lost
Instrument Bonds as set forth in Section 7.
There shall be no deductible applicable to any loss under Insuring Agreement A
sustained by any Investment Company named as Insured herein.
SECTION 13. TERMINATION
The Underwriter may terminate this bond as an entirety by furnishing written
notice specifying the termination date, which cannot be prior to 60 days after
the receipt of such written notice by each Investment Company named as Insured
and the Securities and Exchange Commission, Washington, D.C. The Insured may
terminate this bond as an entirety by furnishing written notice to the
Underwriter. When the Insured cancels, the Insured shall furnish written notice
to the Securities and Exchange Commission, Washington, D.C., prior to 60 days
before the effective date of the termination. The Underwriter shall notify all
other Investment Companies named as Insured of the receipt of such termination
notice and the termination cannot be effective prior to 60 days after receipt of
written notice by all other Investment Companies. Premiums are earned until the
termination date as set forth herein.
This Bond will terminate as to any one Insured immediately upon taking over of
such Insured by a receiver or other liquidator or by State or Federal officials,
or immediately upon 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, or by disposition of all of
its assets.
ICB005 Ed. 7-04 9 of 12
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.
This Bond shall terminate:
(a) as to any Employee as soon as any partner, officer or supervisory
Employee of the Insured, who is not in collusion with such Employee, shall
learn of any dishonest or fraudulent act(s), including Larceny or
Embezzlement on the part of such Employee without prejudice to the loss of
any Property then in transit in the custody of such Employee (see Section
16(d)), or
(b) as to any Employee 60 days after receipt by each Insured and by the
Securities and Exchange Commission of a written notice from the Underwriter
of its desire to terminate this bond as to such Employee, or
(c) as to any person, who is a partner, officer or employee of any
Electronic Data Processor covered under this bond, from and after the time
that the Insured or any partner or officer thereof not in collusion with
such person shall have knowledge or information that such person has
committed any dishonest or fraudulent act(s), including Larceny or
Embezzlement in the service of the Insured or otherwise, whether such act
be committed before or after the time this bond is effective.
SECTION 14. RIGHTS AFTER TERMINATION OR CANCELLATION
At any time prior to the termination or cancellation of this bond as an
entirety, whether by the Insured or the Underwrite, the Insured may give the
Underwriter notice that it desires under this bond an additional period of 12
months within which to discover loss sustained by the Insured prior to the
effective date of such termination or cancellation and shall pay an additional
premium therefor.
Upon receipt of such notice from the Insured, the Underwriter shall give its
written consent thereto; provided, however, that such additional period of time
shall terminate immediately:
(a) on the effective date of any other insurance obtained by the Insured, its
successor in business or any other party, replacing in whole or in part the
insurance afforded by this bond, whether or not such other insurance provides
coverage for loss sustained prior to its effective date, or
(b) upon takeover of the Insured's business by any State or Federal official or
agency, or by any receiver or liquidator, acting or appointed for this purpose
without the necessity of the Underwriter giving notice of such termination. In
the event that such additional period of time is terminated, as provided above,
the Underwriter shall refund any unearned premium.
The right to purchase such additional period for the discovery of loss may not
be exercised by any State or Federal official or agency, or by a receiver or
liquidator, acting or appointed to take over the Insured's business for the
operation or for the liquidation thereof or for any purpose.
SECTION 15. CENTRAL HANDLING OF SECURITIES
Securities included in the system for the central handling of securities
established and maintained by Depository Trust Company, Midwest Depository Trust
Company, Pacific Securities Depository Trust Company, and Philadelphia
Depository Trust Company, hereinafter called Corporations, to the extent of the
Insured's interest therein as effected by the making of appropriate entries on
the books and records of such Corporations shall be deemed to be Property. The
words "Employee" and 'Employees" shall be deemed to include the officers,
partners, clerks and other employees of the New York Stock Exchange, Boston
Stock Exchange, Midwest Stock Exchange, Pacific Stock Exchange and Philadelphia
Stock Exchange, hereinafter called Exchanges, and of the above named
Corporations, and of any nominee in whose name is registered any security
included within the systems for the central handling of securities established
and maintained by such Corporations, and any employee or any recognized service
company, while such officers, partners, clerks and other employees and employees
of service companies perform services for such Corporations in the operation of
such systems. For the purpose of the above definition a recognized service
company shall be any company providing clerks or other personnel to the said
Exchanges or Corporations on a contract basis.
The Underwriter shall not be liable on account of any loss(es) in connection
with the central handling of securities within the systems established and
maintained by such Corporations, unless such loss(es) shall be in excess of the
amount(s) recoverable or recovered under any bond or policy of insurance
indemnifying such Corporations against such loss(es), and then the Underwriter
shall be liable hereunder
ICB005 Ed. 7-04 10 of 12
only for the Insured's share of such excess loss(es), but in no event for more
than the Limit of Liability applicable hereunder. For the purpose of determining
the Insured's share of excess loss(es) it shall be deemed that the Insured has
an interest in any certificate representing any security included within such
systems equivalent to the interest the Insured then has in all certificates
representing the same security included within such systems and that such
Corporations shall use their best judgment in apportioning the amount(s)
recoverable or recovered under any bond or policy of insurance indemnifying such
Corporations against such loss(es) in connection with the central handling of
securities within such systems among all those having an interest as recorded by
appropriate entries in the books and records of such Corporations in Property
involved in such loss(es) on the basis that each such interest shall share in
the amount(s) so recoverable or recovered in the ratio that the value of each
such interest bears to the total value all such interests and that the Insured's
share of such excess loss(es) shall be the amount of the Insured's interest in
such Property in excess of the amount(s) so apportioned to the Insured by such
Corporations.
This bond does not afford coverage in favor of such Corporations or Exchanges or
any nominee in whose name is registered any security included within the systems
for the central handling of securities established and maintained by such
Corporations, and upon payment to the Insured by the Underwriter on account of
any loss(es) within the systems, an assignment of such of the Insured's rights
and causes of action as it may have against such Corporations or Exchanges 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 the Underwriter the
rights provided for herein.
SECTION 16. ADDITIONAL COMPANIES INCLUDED AS INSURED
If more than one corporation, co-partnership or person or any combination of
them be included as the Insured herein:
(a) the total liability of the Underwriter hereunder 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 hereunder if all such loss were
sustained by any one of them;
(b) the one first named herein shall be deemed authorized to make, adjust
and receive and enforce payment of all claims hereunder and shall be deemed
to be the agent of the others for such purposes and for the giving or
receiving of any notice required or permitted to be given by the terms
hereof, provided that the Underwriter shall furnish each named Investment
Company with a copy of the bond and with any amendment thereto, together
with a copy of each formal filing 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 said first named Insured;
(d) knowledge possessed or discovery made by any partner, officer of
supervisory Employee of any Insured shall for the purposes of Section 4 and
Section 13 of this bond constitute knowledge or discovery by all the
Insured; and
(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 purposes of this bond.
SECTION 17. NOTICE AND CHANGE OF CONTROL
Upon the Insured obtaining knowledge of a transfer of its outstanding voting
securities which results in a change in control (as set forth in Section 2(a)
(9) of the Investment Company Act of 1940) of the Insured, the Insured shall
within thirty (30) days of such knowledge 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 requested in another name),
and
(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.
As used in this section, control means the power to exercise a controlling
influence over the management or policies of the Insured. Failing to give the
required notice shall result in termination of coverage of this bond, effective
upon the date of stock transfer for any loss in which any transferee is
concerned or implicated.
Such notice is not required to be given in the case of an Insured which is an
Investment Company.
SECTION 18. CHANGE OR MODIFICATION
ICB005 Ed. 7-04 11 of 12
This bond or any instrument amending or effecting same may not be changed or
modified orally. No changes in or modification thereof shall be effective unless
made by written endorsement issued to form a part hereof over the signature of
the Underwriter's Authorized Representative. When a bond covers only one
Investment Company no change or modification which would adversely affect the
rights of the Investment Company shall be effective prior to 60 days after
written notification has been furnished to the Securities and Exchange
Commission, Washington, D.C., by the Insured or by the Underwriter. If more than
one Investment Company is named as the Insured herein, the Underwriter shall
give written notice to each Investment Company and to the Securities and
Exchange Commission, Washington, D.C., not less than 60 days prior to the
effective date of any change or modification which would adversely affect the
rights of such Investment Company.
ENDORSEMENT OR RIDER NO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date. The
hard copy of the bond issued by the Underwriter will be referenced in the event
of a loss
ATTACHED TO AND FORMING DATE ENDORSEMENT OR * EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
PART OF BOND OR POLICY NO. RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB1832 03/21/08 03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Named Insured Endorsement
It is agreed that:
1. From and after the time this rider becomes effective the Insured under the
attached bond are:
- The Health Care Select Sector SPDR Fund
- The Materials Select Sector SPDR Fund
- The Consumer Staples Select Sector SPDR Fund
- The Consumer Discretionary Select Sector SPDR Fund
- The Energy Select Sector SPDR Fund
- The Financial Select Sector SPDR Fund
- The Industrial Select Sector SPDR Fund
- The Technology Select Sector SPDR Fund
- The Utilities Select Sector SPDR Fund
The first named Insured shall act for itself and for each and all of the
Insured for all the purposes of the attached bond. Knowledge possessed or
discovery made by any Insured or by any partner or officer thereof shall
for all the purposes of the attached bond constitute knowledge or discovery
by all the Insured.
If, prior to the termination of the attached bond in its entirety, the
attached bond is terminated as to any Insured, there shall be no liability
for any loss sustained by such Insured unless discovered before the time
such termination as to such Insured becomes effective.
The liability of the Underwriter for loss or losses sustained by any or all
of the Insured shall not exceed the amount for which the Underwriter would
be liable had all such loss or losses been sustained by any one of the
Insured. Payment by the Underwriter to the first named Insured of loss
sustained by any Insured shall fully release the Underwriter on account of
such loss.
If the first named Insured ceases for any reason to be covered under the
attached bond, then the Insured next named shall thereafter be considered
as the first named Insured for all the purposes of the attached bond.
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
INSURED ICB010 Ed. 7-04 (a) 2004
The St. Paul Travelers Companies, Inc. All Rights Reserved Authorized
Representative Page 1 of 1
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date.
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
ATTACHED TO AND FORMING DATE ENDORSEMENT OR * EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
PART OF BOND OR POLICY NO. RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB1832 03/21/08 03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Computer Systems
It is agreed that:
1. The attached bond is amended by adding an additional Insuring Agreement as
follows:
INSURING AGREEMENT K COMPUTER SYSTEMS
Loss resulting directly from a fraudulent
(1) entry of data into, or
(2) change of data elements or program within a Computer System listed in
the SCHEDULE below, provided the fraudulent entry or change causes 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, and provided further, the fraudulent entry or change is made
or caused by an individual acting with the manifest intent to cause
the Insured to sustain a loss, and
(ii) obtain financial benefit for that individual or for other
persons intended by that individual to receive financial benefit.
SCHEDULE
All systems utilized by the Insured
2. As used in this Rider, Computer System means
(a) computers with related peripheral components, including storage
components, wherever located, systems and applications software, terminal
devices, and related communication networks by which data are
electronically collected, transmitted, processed, stored and retrieved.
3. In addition to the exclusions in the attached bond, the following exclusions
are applicable to this Insuring Agreement:
(a) loss resulting directly or indirectly from the theft of confidential
information, material or data; and
(b) loss resulting directly or indirectly from entries or changes made by
an individual authorized to have access to a Computer System who acts in
good faith on instructions, unless such instructions are given to that
individual by a software contractor (or by a partner, officer or employee
thereof) authorized by the Insured to design, develop, prepare, supply,
service, write or implement programs for the Insured's Computer System.
4. The following portions of the attached bond are not applicable to this Rider:
(a) the portion preceding the Insuring Agreements which reads "at any time
but discovered during the Bond Period";
(b) Section 9 NONREDUCTION AND NON-ACCUMULATION OF LIABILITY of the
Conditions and Limitations; and
(c) Section 10 LIMIT OF LIABILITY of the Conditions and Limitations. The
coverage afforded by this Rider applies only to loss discovered by the
Insured during the period this Rider is in force.
All loss or series of losses involving the fraudulent activity of one
individual, or involving fraudulent activity, in which one individual is
implicated, whether or not that individual is specifically identified,
shall be treated as one loss. A series of losses involving unidentified
individuals but arising from the same method of operation may be deemed by
the Underwriter to involve the same individual and in that event shall be
treated as one loss.
The Limit of Liability for the coverage provided by this Rider shall be Two
Million Five Hundred Thousand Dollars ($2,500,000 ), it being understood,
however, that such liability shall be a part of and not in addition to the Limit
of Liability stated in Item 3 of the Declarations of the attached bond or any
amendment thereof.
The Underwriter shall be liable hereunder for the amount by which one loss
exceeds the Deductible Amount applicable to the attached bond, but not in
excess of the Limit of Liability stated above. If any loss is covered under
this Insuring Agreement and any other Insuring Agreement or Coverage, the
maximum amount payable for such loss shall not exceed the largest amount
available under any one Insuring Agreement or Coverage.
Coverage under this Rider shall terminate upon termination or
cancellation of the bond to which this Rider is attached. Coverage
under this Rider may also be terminated or canceled without canceling
the bond as an entirety 60 days after receipt by the Insured of
written notice from the Underwriter of its desire to terminate or
cancel coverage under this Rider, or immediately upon receipt by the
Underwriter of a written request from the Insured to terminate or
cancel coverage under this Rider.
The Underwriter shall refund to the Insured the unearned premium for the
coverage under this Rider. The refund shall be computed at short rates if this
Rider be terminated or canceled or reduced by notice from, or at the instance
of, the Insured.
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date.
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
ATTACHED TO AND FORMING DATE ENDORSEMENT OR * EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
PART OF BOND OR POLICY NO. RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB1832 03/21/08 03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Unauthorized Signatures
It is agreed that:
1. The attached bond is amended by inserting an additional Insuring Agreement as
follows:
INSURING AGREEMENT J UNAUTHORIZED SIGNATURE
(A) Loss resulting directly from the Insured having accepted, paid or
cashed any check or withdrawal order, draft, made or drawn on a customer's
account which bears the signature or endorsement of one other than a person
whose name and signature is on the application on file with the Insured as
a signatory on such account.
(B) It shall be a condition precedent to the Insured's right of recovery
under this Rider that the Insured shall have on file signatures of all
persons who are authorized signatories on such account.
2. The total liability of the Underwriter under Insuring Agreement J is limited
to the sum of One Hundred Thousand Dollars ($100,000), it being understood,
however, that such liability shall be part of and not in addition to the Limit
of Liability stated in Item 3 of the Declarations of the attached bond or
amendment thereof.
3. With respect to coverage afforded under this Rider, the Deductible Amount
shall be Five Thousand Dollars ($5,000).
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date.
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
ATTACHED TO AND FORMING DATE ENDORSEMENT OR * EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
PART OF BOND OR POLICY NO. RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB1832 03/21/08 03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Telefacsimile Transactions
It is agreed that:
1. The attached Bond is amended by adding an additional Insuring Agreement as
follows:
INSURING AGREEMENT L TELEFACSIMILE TRANSACTIONS
Loss caused by a Telefacsimile Transaction, where the request for such
Telefacsimile Transaction is unauthorized or fraudulent and is made with the
manifest intent to deceive; provided, that the entity which receives such
request generally maintains and follows during the Bond Period all Designated
Fax Procedures with respect to Telefacsimile Transactions. The isolated failure
of such entity to maintain and follow a particular Designated Fax Procedure in a
particular instance will not preclude coverage under this Insuring Agreement,
subject to the exclusions herein and in the Bond.
2. Definitions. The following terms used in this Insuring Agreement shall have
the following meanings:
a. "Telefacsimile System" means a system of transmitting and reproducing
fixed graphic material (as, for example, printing) by means of signals
transmitted over telephone lines.
b. "Telefacsimile Transaction" means any Fax Redemption, Fax Election, Fax
Exchange, or Fax Purchase.
c. "Fax Redemption" means any redemption of shares issued by an Investment
Company which is requested through a Telefacsimile System.
d. "Fax Election" means any election concerning dividend options available
to Fund shareholders which is requested through a Telefacsimile System.
e. "Fax Exchange" means any exchange of shares in a registered account of
one Fund into shares in an identically registered account of another Fund
in the same complex pursuant to exchange privileges of the two Funds, which
exchange is requested through a Telefacsimile System.
f. "Fax Purchase" means any purchase of shares issued by an Investment
Company which is requested through a Telefacsimile System.
g. "Designated Fax Procedures" means the following procedures:
(1) Retention: All Telefacsimile Transaction requests shall be
retained for at least six (6) months. Requests shall be capable of
being retrieved and produced in legible form within a reasonable time
after retrieval is requested.
(2) Identity Test: The identity of the sender in any request for a
Telefacsimile Transaction shall be tested before executing that
Telefacsimile Transaction, either by requiring the sender to include
on the face of the request a unique identification number or to
include key specific account information. Requests of Dealers must be
on company letterhead and be signed by an authorized representative.
Transactions by occasional users are to be verified by telephone
confirmation.
(3) Contents: A Telefacsimile Transaction shall not be executed unless
the request for such Telefacsimile Transaction is dated and purports
to have been signed by (a) any shareholder or subscriber to shares
issued by a Fund, or (b) any financial or banking institution or
stockbroker.
(4) Written Confirmation: A written confirmation of each Telefacsimile
Transaction shall be sent to the shareholder(s) to whose account such
Telefacsimile Transaction relates, at the record address, by the end
of the Insured's next regular processing cycle, but no later than five
(5) business days following such Telefacsimile Transaction.
i. "Designated" means or refers to a written designation signed by a
shareholder of record of a Fund, either in such shareholder's initial
application for the purchase of Fund shares, with or without a Signature
Guarantee, or in another document with a Signature Guarantee.
j. "Signature Guarantee" means a written guarantee of a signature, which
guarantee is made by an Eligible Guarantor Institution as defined in Rule
17Ad-15(a)(2) under the Securities Exchange Act of 1934.
3. Exclusions. It is further understood and agreed that this Insuring Agreement
shall not cover:
a. Any loss covered under Insuring Agreement A, "Fidelity," of this Bond;
and
b. Any loss resulting from:
(1) Any Fax Redemption, where the proceeds of such redemption were
requested to be paid or made payable to other than (a) the shareholder
of record, or (b) a person Designated in the initial application or in
writing at least one (1) day prior to such redemption to receive
redemption proceeds, or (c) a bank account Designated in the initial
application or in writing at least one (1) day prior to such
redemption to receive redemption proceeds; or
(2) Any Fax Redemption of Fund shares which had been improperly
credited to a shareholder's account, where such shareholder (a) did
not cause, directly or indirectly, such shares to be credited to such
account, and (b) directly or indirectly received any proceeds or other
benefit from such redemption; or
(3) Any Fax Redemption from any account, where the proceeds of such
redemption were requested to be sent to any address other than the
record address or another address for such account which was
designated (a) over the telephone or by telefacsimile at least fifteen
(15) days prior to such redemption, or (b) in the initial application
or in writing at least one (1) day prior to such redemption; or
(4) The intentional failure to adhere to one or more Designated Fax
Procedures; or
(5) The failure to pay for shares attempted to be purchased.
4. The Single Loss Limit of Liability under Insuring Agreement L is limited to
the sum of Two Million Five Hundred Thousand Dollars ($2,500,000) it being
understood, however, that such liability shall be part of and not in addition to
the Limit of Liability stated in Item 3 of the Declarations of the attached Bond
or amendments thereof.
5. With respect to coverage afforded under this Rider the applicable Single loss
Deductible Amount is Ten Thousand Dollars ($10,000).
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date.
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
ATTACHED TO AND FORMING DATE ENDORSEMENT OR * EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
PART OF BOND OR POLICY NO. RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB1832 03/21/08 03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Voice Initiated Transactions
It is agreed that:
1. The attached bond is amended by inserting an additional Insuring Agreement as
follows:
INSURING AGREEMENT M -VOICE-INITIATED TRANSACTIONS
Loss caused by a Voice-initiated Transaction, where the request for such
Voice-initiated Transaction is unauthorized or fraudulent and is made with the
manifest intent to deceive; provided, that the entity which receives such
request generally maintains and follows during the Bond Period all Designated
Procedures with respect to Voice-initiated Redemptions and the Designated
Procedures described in paragraph 2f (1) and (3) of this Rider with respect to
all other Voice-initiated Transactions. The isolated failure of such entity to
maintain and follow a particular Designated Procedure in a particular instance
will not preclude coverage under this Insuring Agreement, subject to the
specific exclusions herein and in the Bond.
2. Definitions. The following terms used in this Insuring Agreement shall have
the following meanings:
a. "Voice-initiated Transaction" means any Voice-initiated Redemption,
Voice-initiated Election, Voice-initiated Exchange, or Voice-initiated
Purchase.
b. "Voice-initiated Redemption" means any redemption of shares issued by an
Investment Company which is requested by voice over the telephone.
c. "Voice-initiated Election" means any election concerning dividend
options available to Fund shareholders which is requested by voice over the
telephone.
d. "Voice-initiated Exchange" means any exchange of shares in a registered
account of one Fund into shares in an identically registered account of
another Fund in the same complex pursuant to exchange privileges of the two
Funds, which exchange is requested by voice over the telephone.
(1) Recordings: All Voice-initiated Transaction requests shall be
recorded, and the recordings shall be retained for at least six (6)
months. Information contained on the recordings shall be capable of
being retrieved and produced within a reasonable time after retrieval
of specific information is requested, at a success rate of no less
than 85%.
(2) Identity Test: The identity of the caller in any request for a
Voice-initiated Redemption shall be tested before executing that
Voice-initiated Redemption, either by requesting the caller to state a
unique identification number or to furnish key specific account
information.
(3) Written Confirmation: A written confirmation of each
Voice-initiated Transaction and of each change of the record address
of a Fund shareholder requested by voice over the telephone shall be
mailed to the shareholder(s) to whose account such Voice-initiated
Transaction or change of address relates, at the original record
address (and, in the case of such change of address, at the changed
record address) by the end of the Insured's next regular processing
cycle, but no later than five (5) business days following such
Voice-initiated Transaction or change of address.
e. "Voice-initiated Purchase" means any purchase of shares issued by an
Investment Company which is requested by voice over the telephone.
f. "Designated Procedures" means the following procedures:
g. "Investment Company" or "Fund" means an investment company registered
under the Investment
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss Company Act of 1940.
h. "Officially Designated" means or refers to a written designation signed
by a shareholder of record of a Fund, either in such shareholder's initial
application for the purchase of Fund shares, with or without a Signature
Guarantee, or in another document with a Signature Guarantee.
i. "Signature Guarantee" means a written guarantee of a signature, which
guarantee is made by a financial or banking institution whose deposits are
insured by the Federal Deposit Insurance Corporation or by a broker which
is a member of any national securities exchange registered under the
Securities Exchange Act of 1934.
3. Exclusions. It is further understood and agreed that this Insuring Agreement
shall not cover:
a. Any loss covered under Insuring Agreement A, "Fidelity, " of this Bond;
and
b. Any loss resulting from:
(1) Any Voice-initiated Redemption, where the proceeds of such
redemption were requested to be paid or made payable to other than (a)
the shareholder of record, or (b) a person Officially Designated to
receive redemption proceeds, or (c) a bank account Officially
Designated to receive redemption proceeds; or
(2) Any Voice-initiated Redemption of Fund shares which had been
improperly credited to a shareholder's account, where such shareholder
(a) did not cause, directly or indirectly, such shares to be credited
to such account, and (b) directly or indirectly received any proceeds
or other benefit from such redemption; or
(3) Any Voice-initiated Redemption from any account, where the
proceeds of such redemption were requested to be sent (a) to any
address other than the record address for such account, or (b) to a
record address for such account which was either (i) designated over
the telephone fewer than thirty (30) days prior to such redemption, or
(ii) designated in writing less than on (1) day prior to such
redemption; or
(4) The intentional failure to adhere to one or more Designated
Procedures; or
(5) The failure to pay for shares attempted to be purchased; or
(6) Any Voice-initiated Transaction requested by voice over the
telephone and received by an automated system which receives and
converts such request to executable instructions.
4. The total liability of the Underwriter under Insuring Agreement M is limited
to the sum of Two Million Five Hundred Thousand Dollars ($2,500,000), it being
understood, however, that such liability shall be part of and not in addition to
the Limit of Liability stated in Item 3 of the Declarations of the attached bond
or amendment thereof.
5. With respect to coverage afforded under this Rider the applicable Deductible
Amount is Ten Thousand Dollars ($10,000).
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date.
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
ATTACHED TO AND FORMING PART OF BOND OR POLICY NO. 490PB1832DATE
ENDORSEMENT OR RIDER EXECUTED 03/21/08* EFFECTIVE DATE OF ENDORSEMENT
OR RIDER 12:01 A.M. STANDARD TIME AS SPECIFIED IN THE BOND OR POLICY
03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Amend Definition of Employee (Exclude EDP Coverage for Computer Software or
Programs)
It is agreed that:
1. Sub-section 7 of Section 1(a) in the Definition of Employee, is deleted and
replaced by the following:
(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 of the Insured (does not include the
creating, preparing, modifying or maintaining the Insured's computer software or
programs), but excluding any such processor who acts as transfer agent or in any
other agency capacity in issuing checks, drafts or securities for the Insured,
unless included under sub-section (9) hereof, and"
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date.
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
ATTACHED TO AND FORMING PART OF BOND OR POLICY NO. 490PB1832DATE
ENDORSEMENT OR RIDER EXECUTED 03/21/08* EFFECTIVE DATE OF ENDORSEMENT
OR RIDER 12:01 A.M. STANDARD TIME AS SPECIFIED IN THE BOND OR POLICY
03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Definition of Investment Company
It is agreed that:
1. Section 1, Definitions, under General Agreements is amended to include the
following paragraph:
(f) Investment Company means an investment company registered under the
Investment Company Act of 1940 and as listed under the names of Insureds on the
Declarations.
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same inception date.
The hard copy of the bond issued by the Underwriter will be referenced in the
event of a loss
ATTACHED TO AND FORMING PART OF BOND OR POLICY NO. 490PB1832DATE
ENDORSEMENT OR RIDER EXECUTED 03/21/08* EFFECTIVE DATE OF ENDORSEMENT
OR RIDER 12:01 A.M. STANDARD TIME AS SPECIFIED IN THE BOND OR POLICY
03/01/08
* ISSUED TO THE SELECT SECTOR SPDR TRUST
Add Exclusions (n) & (o)
It is agreed that:
1. Section 2, Exclusions, under General Agreements, is amended to include the
following sub-sections:
(n) loss from the use of credit, debit, charge, access, convenience,
identification, cash management or other cards, whether such cards were
issued or purport to have been issued by the Insured or by anyone else,
unless such loss is otherwise covered under Insuring Agreement A.
(o) the underwriter shall not be liable under the attached bond for loss
due to liability imposed upon the Insured as a result of the unlawful
disclosure of non-public material information by the Insured or any
Employee, or as a result of any Employee acting upon such information,
whether authorized or unauthorized.
Nothing herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of the above
mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
ASSISTANT SECRETARY'S CERTIFICATE
I, Ryan M. Louvar, Assistant Secretary of The Select Sector SPDR(R) Trust (the
"Trust"), hereby certify that the following resolutions were approved by the
entire Board of Trustees of the Trust at a meeting held on February 11, 2008:
RESOLVED, that a fidelity bond covering the Select Sector SPDR ETFs written
by St. Paul, having an aggregate coverage of $2,500,000 be, and it hereby
is, approved, it having been determined to be reasonable in form and
amount, after giving due consideration to all factors deemed relevant by
this Board, including, among other things, the value of the aggregate
assets of the Trust to which any covered person may have access, the
arrangements for custody and safekeeping of such assets and the nature of
the securities in the portfolios of the Select Sector SPDR ETFs;
RESOLVED, that the Secretary or Assistant Secretary be, and each hereby is,
authorized to file or cause to be filed the binder to the fidelity bond and
appropriate notices with the Securities and Exchange Commission in
accordance with paragraph (g) of Rule 17g-1 under the 1940 Act;
RESOLVED, that the officers of the Trust be, and each hereby is, authorized
to execute such documents, to make any and all payments and to take such
actions as may be necessary or appropriate to carry out the purposes and
intent of the preceding resolutions, the execution and delivery of such
documents or taking of such actions to be conclusive evidence of the
Board's approval;
IN WITNESS WHEREOF, I have hereunto set my hand this 16h day of July, 2008.
/s/ Ryan M. Louvar
-----------------------
Ryan M. Louvar
Assistant Secretary
|
July 16, 2008
VIA EDGAR
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
Attention: Office of Filings, Information & Consumer Service
Re: The Select Sector SPDR(R) Trust (the "Funds")
Fidelity Bond Filing Pursuant to Rule 17g-1
Dear Sir/Madam:
Pursuant to Rule 17g-1 of the Investment Company Act of 1940, as amended, please
be advised that the premium associated with the Funds' Investment Company
Blanket Bond in the amount of $2,500,000 has been paid for the March 1, 2008 to
March 1, 2009 policy year.
If you have any questions, please give me a call at 617-662-3909.
Very truly yours,
/s/ Ryan M. Louvar
Ryan M. Louvar
Assistant Secretary
|
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