|
AIG
EXECUTIVE LIABILITY
SM
|
Insurance
provided by the following member of American International Group, Inc.
National Union Fire Insurance Company of Pittsburgh, Pa.
A
capital stock company
INVESTMENT COMPANY BLANKET BOND
POLICY
NUMBER: 362-39-89
|
REPLACEMENT OF POLICY NUMBER # 966-95-02
|
DECLARATIONS
ITEM
1.
|
|
Name
of Insured (herein called Insured):
|
RYDEX
SERIES TRUST
|
|
|
|
|
|
|
Principal
Address:
|
9601
BLACKWELL ROAD, SUITE 500
|
|
|
|
ROCKVILLE,
MD 20850
|
|
|
|
|
ITEM
2.
|
|
Bond
Period: from 12:01 a.m. March 16, 2008 to March 16, 2009 the
effective date of the termination or cancellation of this 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
|
|
|
|
Insuring
Agreement (A) Fidelity
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (B) Audit Expense
|
|
$100,000/5,000
|
|
|
|
Insuring
Agreement (C) On Premises
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (D) In Transit
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (E) Forgery or Alteration
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (F) Securities
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (G) Counterfeit Currency
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (H) Stop Payment
|
|
$100,000/$10,000
|
|
|
|
Insuring
Agreement (I) Uncollectible Items of Deposit
|
|
$100,000/$10,000
|
|
|
|
Insuring
Agreement (J) Computer Systems
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (K) Telefacsimile Transfers
|
|
$11,000,000/$100,000
|
|
|
|
Insuring
Agreement (L) Unauthorized Signatures
|
|
$100,000/$10,000
|
|
|
|
|
|
|
|
|
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 Insureds 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:
No Exceptions
|
|
|
|
|
|
|
|
ITEM
5.
|
|
The
liability of the Underwriter is subject to the terms of the following riders
attached thereto: Rider # 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11.
|
|
|
|
ITEM
6.
|
|
The
Insured by the acceptance of this bond gives to the Underwriter terminating
or canceling prior bond(s) or policy(ies) No.(s) 966-95-02 such
termination or cancellation
to be effective as of
the time this bond becomes effective.
|
|
|
|
ITEM
7.
|
|
Premium:
$58,527
|
|
|
|
AUTHORIZED
REPRESENTATIVE
|
|
|
AIG
EXECUTIVE LIABILITY
SM
|
Insurance
provided by the following member of American International Group, Inc.
|
National Union Fire Insurance Company of Pittsburgh, Pa.
A
capital stock company
INVESTMENT COMPANY BLANKET BOND
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
1
thereof
or in the mail or with a carrier for hire
other than an armored
motor vehicle company, for the purpose of transportation.
Offices and Equipment
(1)
Loss of or damage to,
furnishings, fixtures, stationery, supplies or equipment,
within any of the Insureds offices covered under this bond caused
by Larceny or theft in, or by burglary, robbery or holdup 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 holdup 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
Loss
of Property (occurring with or
without negligence or
violence) through robbery, Larceny, theft, holdup,
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 OR ALTERATION
Loss
through FORGERY or ALTERATION
of, on or in 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, written instructions,
advices or applications directed to the Insured, authorizing or acknowledging
the transfer, payment, delivery or receipt of funds or Property, which instructions
or advices or applications purport to have been signed or endorsed
by any customer of the Insured, shareholder or subscriber
to shares, whether certificated or uncertificated, of any
Investment Company or by any 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, whether certificated
or uncertificated, of an Investment Company, financial or banking
institution or stockbroker, 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.
2
(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 Insureds 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 Insureds 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, 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 produced 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 Canadian 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
3
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 customers, shareholders or
subscribers account based upon Uncollectible Items of Deposit of a customer, shareholder
or subscriber credited by the Insured or the Insureds agent to such customers,
shareholders or subscribers Mutual Fund Account; or
loss
resulting from any 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
a National Union Fire Insurance Company of Pittsburgh, PA 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 office or 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
4
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 Insureds 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 proceeding and at the
request of the Underwriter shall furnish it with copies of
all pleadings and other papers therein. At the Underwriters
election the Insured shall permit the Underwriter to conduct the
defense of such suit or legal proceeding, in the Insureds name,
through attorneys of the Underwriters 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 Insureds 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 Insureds 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
The following terms, as used in this
bond,
shall have the respective meanings stated in this Section:
(a)
Employee
means:
(1)
any of the
Insureds officers, partners, or employees, and
(2)
any of the officers or employees of any predecessor of
the Insured whose principal
5
assets
are acquired by the
Insured by consolidation or merger
with, or purchase of assets or capital stock of such predecessor,
and
(3)
attorneys retained by the Insured to perform legal services
for the Insured and the employees of such attorneys
while such attorneys or the employees of such attorneys
are performing such services for the Insured, and
(4)
guest students pursuing their studies or duties in any
of the Insureds 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 adviser, underwriter or administrator of such
Investment Company, and which is not a bank, shall be
included within the definition of Employee.
6
Each
employer of temporary
personnel or processors as set forth
in Sub-Sections (6) and 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 predecessors
declared financial condition at the time of the Insureds
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 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 ones 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 Insureds 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
7
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 Insureds 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 companys 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
8
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).
(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 depositor
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 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 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 Insureds 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
9
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 proceeding 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 circumstance
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 which is necessary
to the exercise of subscription, conversion, redemption or deposit privileges,
the value thereof shall be the market value of such privileges 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
10
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 Insureds rights, title and interests 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 NON-ACCUMULATION 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 of 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 one person resulting
in damage to or destruction or misplacement of Property, shall be
deemed to be one loss, or
(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
11
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 for 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
12
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.
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 Underwriter, the Insured may give to 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 Insureds 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
13
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 any receiver or liquidator, acting
or appointed to take over the Insureds business for the operation or for the
liquidation thereof or for any other purpose.
SECTION 15.
CENTRAL HANDLING OF
SECURITIES
Securities included in the systems 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 Insureds
interest therein as effective 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 Ex- change 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 of 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 said Exchanges or Corporation 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
only for the Insureds 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
Insureds 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 judgement 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 of all such interests and that the Insureds share of such
excess loss(es) shall be the amount of the Insureds 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
14
assignment
of such of the Insureds 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 to 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 or 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 Insureds 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.
Failure 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.
15
SECTION 18. CHANGE OR
MODIFICATION
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 Underwriters 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.
IN
WITNESS WHEREOF, the Underwriter
has caused this bond to
be executed on the Declarations Page.
16
ENDORSEMENT
#1
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
NAMED INSURED
It
is agreed that:
1.
|
Item
1. of the Declaration Page, Name of Insured, is also amended to include the
following:
|
|
|
|
RYDEX
FUNDS (formerly Rydex Series Trust)
|
|
RYDEX
HOLDINGS, INC.
|
|
PADCO
ADVISORS, INC.
|
|
PADCO
ADVISORS II, INC.
|
|
RYDEX
INVESTMENTS
|
|
RYDEX
GLOBAL ADVISORS
|
|
RYDEX
FUND SERVICES, INC.
|
|
RYDEX
DISTRIBUTORS, INC.
|
|
RYDEX
ADVISORY SERVICES
|
|
INVESTMENT
CAPITAL TECHNOLOGIES, LLC.
|
|
RYDEX
SPECIALIZED PRODUCTS, LLC
|
|
|
|
RYDEX
SERIES FUNDS, which consists of:
|
|
Absolute
Return Strategies Fund
|
|
Alternative
Strategies Allocation Fund
|
|
Banking
Fund
|
|
Basic
Materials Fund
|
|
Biotechnology
Fund
|
|
Commodities
Strategy Fund
|
|
Consumer
Products Fund
|
|
Electronics
Fund
|
|
Energy
Services Fund
|
|
Energy
Fund
|
|
Essential
Prtfol Aggressive Fund
|
|
Essential
Prtfol Conservative Fund
|
|
Essential
Prtfol Moderate Fund
|
|
Europe
1.25x Strategy Fund
|
|
Financial
Services Fund
|
|
Government
Long Bond 1.2x Strategy Fund
|
|
Health
Care Fund
|
Hedged Equity Fund
High Yield Strategy Fund
International Rotation Fund
Internet Fund
Inverse Government Long Bond Strategy Fund
Inverse High Yield Strategy Fund
Inverse Mid-Cap Strategy Fund
Inverse OTC Strategy Fund
Inverse Russell 2000® Strategy Fund
Inverse S&P 500 Strategy Fund
Japan 1.25x Strategy Fund
Japan 2x Strategy Fund
Large-Cap Growth Fund
Large-Cap Value Fund
Leisure Fund
Managed Futures Strategy Fund
Mid-Cap 1.5x Strategy Fund
Mid-Cap Growth Fund
Mid-Cap Value Fund
Multi-Cap Core Equity Fund
Nova Fund
OTC Fund
Precious Metals Fund
Real Estate Fund
Retailing Fund
Russell 2000® 1.5x Strategy Fund
Sector Rotation Fund
Small-Cap Growth Fund
Small-Cap Value Fund
Strengthening Dollar 2x Strategy Fund
Technology Fund
Telecommunications Fund
Transportation Fund
U.S. Government Money Market Fund
Utilities Fund
Weakening Dollar 2x Strategy Fund
RYDEX DYNAMIC FUNDS, which consists of:
Dow 2x Strategy Fund
Inverse Dow 2x Strategy Fund
Inverse OTC 2x Strategy Fund
Inverse Russell 2000® 2x Strategy Fund
Inverse S&P 500 2x Strategy Fund
OTC 2x Strategy Fund
Russell 2000® 2x Strategy Fund
Russell 2000® Fund
S&P 500 2x Strategy Fund
S&P 500 Fund
RYDEX VARIABLE TRUST, which consists of:
Absolute Return Strategies Fund
Alternative Strategies Allocation Fund
Banking Fund
Basic Materials Fund
Biotechnology Fund
Commodities Strategy Fund
Consumer Products Fund
Dow 2x Strategy Fund
Electronics Fund
Energy Services Fund
Energy Fund
Essential Prtfol Aggressive Fund
Essential Prtfol Conservative Fund
Essential Prtfol Moderate Fund
Europe 1.25x Strategy Fund
Financial Services Fund
Government Long Bond 1.2x Strategy Fund
Health Care Fund
Hedged Equity Fund
High Yield Strategy Fund
International Rotation Fund
Internet Fund
Inverse Dow 2x Strategy Fund
Inverse Government Long Bond Strategy Fund
Inverse High Yield Strategy Fund
Inverse Mid-Cap Strategy Fund
Inverse OTC 2x Strategy Fund
Inverse OTC Strategy Fund
Inverse Russell 2000® 2x Strategy Fund
Inverse Russell 2000® Strategy Fund
Inverse S&P 500 2x Strategy Fund
Inverse S&P 500 Strategy Fund
Japan 1.25x Strategy Fund
Japan 2x Strategy Fund
Large-Cap Growth Fund
Large-Cap Value Fund
Leisure Fund
Managed Futures Strategy Fund
Mid-Cap 1.5x Strategy Fund
Mid-Cap Growth Fund
Mid-Cap
Value Fund
Multi-Cap
Core Equity Fund
Nova
Fund
OTC
2x Strategy Fund
OTC
Fund
Precious
Metals Fund
Real
Estate Fund
Retailing
Fund
Russell
2000® 1.5x Strategy Fund
Russell
2000® 2x Strategy Fund
Russell
2000® Fund
S&P
500 2x Strategy Fund
S&P
500 Fund
Sector
Rotation Fund
Small-Cap
Growth Fund
Small-Cap
Value Fund
Strengthening
Dollar 2x Strategy Fund
Technology
Fund
Telecommunications
Fund
Transportation
Fund
Utilities
Fund
Weakening
Dollar 2x Strategy Fund
RYDEX
VARIABLE TRUST/SUBADVISED PRODUCTS, which consists of:
Amerigo
Fund
Clermont
Fund
RYDEX
ETF TRUST, which consists of:
Russell
Top 50
TM
ETF
Rydex
2x Russell 2000 ETF
Rydex
2x S&P 500 ETF
Rydex
2x S&P MidCap 400 ETF
Rydex
Inverse 2x Russell 2000 ETF
Rydex
Inverse 2x S&P 500 ETF
Rydex
Inverse 2x S&P MidCap 400 ETF
S&P
500 Pure Growth ETF
S&P
500 Pure Value ETF
S&P
Equal Weight Consumer Discretionary
S&P
Equal Weight Consumer Staples
S&P
Equal Weight Energy
|
S&P
Equal Weight ETF
|
|
S&P
Equal Weight Financial ETF
|
|
S&P
Equal Weight Health Care
|
|
S&P
Equal Weight Industrials ETF
|
|
S&P
Equal Weight Materials ETF
|
|
S&P
Equal Weight Technology ETF
|
|
S&P
Equal Weight Utilities ETF
|
|
S&P
Midcap Pure Growth ETF
|
|
S&P
Midcap Pure Value ETF
|
|
S&P
Smallcap Pure Growth ETF
|
|
S&P
Smallcap Pure Value ETF
|
|
|
|
CURRENCYSHARES
AUSTRALIAN DOLLAR
|
|
|
|
CURRENCYSHARES
BRITISH POUND STERLING
|
|
|
|
CURRENCYSHARES
CANADIAN DOLLAR
|
|
|
|
CURRENCYSHARES
EURO TRUST
|
|
|
|
CURRENCYSHARES
JAPANESE YEN
|
|
|
|
CURRENCYSHARES
MEXICAN PESO
|
|
|
|
CURRENCYSHARES
SWEDISH KRONA
|
|
|
|
CURRENCYSHARES
SWISS FRANC
|
|
|
|
PADCO
401(k) PLAN
|
|
|
3.
|
|
The
first named Insured shall act for itself and for each and all of the Insured
for all
the purposes of the attached bond.
|
|
|
|
4.
|
|
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.
|
|
|
|
5.
|
|
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.
|
6.
|
|
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.
|
|
|
|
7.
|
|
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.
|
|
|
|
8.
|
|
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 above stated.
|
|
|
|
AUTHORIZED
REPRESENTATIVE
|
ENDORSEMENT
#2
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
AMEND COUNTERFEIT CURRENCY
It
is agreed that:
1.
|
|
Insuring
Agreement (G) COUNTERFEIT CURRENCY is deleted in its entirety and
replaced with the following:
|
|
|
|
|
|
Loss
through the receipt by the Insured, in good faith, of any counterfeited money
orders or altered paper currencies or coin issued or purporting to
have been issued for use as currency by any country.
|
|
|
|
2.
|
|
Section 4.
LOSS NOTICE PROOF LEGAL PROCEEDINGS is amended by
deleting the words ...nor after the expiration of twenty-four months...
and replacing them with the words ...nor after
the expiration of thirty-six months...
|
|
|
|
3.
|
|
Nothing
herein contained shall be held to vary, alter, waive or extend any of the
terms, limitations, conditions, or agreements of this bond other than
as above stated.
|
|
|
|
AUTHORIZED
REPRESENTATIVE
|
ENDORSEMENT
#3
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
ERISA
It
is agreed that:
1.
|
|
The
following shall be included as Insured:
|
|
|
|
|
|
any
of the Insureds Employee Welfare or Pension Benefit Plans now existing or
hereafter created or acquired which may be required to be bonded
under the Employee Retirement Income Security Act of
1974.
|
|
|
|
2.
|
|
Employee
as used in the attached bond or policy shall include any natural person
who is a director or trustee of the Insured while such director or
trustee is engaged in handling funds or other property of any
Employee Welfare or Pension Benefit Plan owned, controlled or
operated by the Insured or any natural person who is a trustee, manager, officer or employee of any such Plan.
|
|
|
|
3.
|
|
If
the bond or policy, in accordance with the agreements, limitations and
conditions
thereof, covers loss sustained by two or
more Employee Welfare or Pension Benefit Plans or sustained by
any such Plan in addition to loss sustained by an Insured other than such Plan, it is the obligation of the Insured or the Plan
Administrator(s) of such Plans under Regulations published by the
Secretary of Labor implementing Section 13 of the Welfare and
Pension Plans Disclosure Act of 1958 to obtain under one or more
bonds or policies issued by one or more Insurers an amount of coverage for each such Plan at least equal to that which would be
required if such Plans were bonded separately.
|
|
|
|
4.
|
|
In
compliance with the foregoing, payment by the Company in accordance with the
agreements, limitations and conditions of the bond or policy shall be
held by the Insured, or if more than one, by the
Insured first named, for the use and benefit of any Employee Welfare
or Pension Benefit Plan sustaining loss so covered and to the extent that such payment is in excess of the amount of coverage
required by such Regulations to be carried by said Plan
sustaining such loss, such excess shall be held for the use and
benefit of any other such Plan also covered in the event that such other Plan discovers that it has sustained loss covered
thereunder.
|
5.
|
|
If
money or other property of two or more Employee Welfare or Pension Benefit
Plans covered under the bond or policy is commingled, recovery for
loss of such money or other property through fraudulent
or dishonest acts of Employees shall be shared by such Plans
on a pro rata basis in accordance with the amount for which each such Plan is required to carry bonding coverage in accordance
with the applicable provisions of said Regulations.
|
|
|
|
6.
|
|
The
Deductible Amount of this bond applicable to loss sustained by a Plan through
acts committed by an Employee of the Plan shall be waived, but only
up to an amount equal to the amount of coverage
required to be carried by the Plan because of compliance with the
provisions of the Employee Retirement Income Security Act of 1974.
|
|
|
|
7.
|
|
Nothing
herein contained shall be held to vary, alter, waive or extend any of the
terms, conditions, provisions, agreements or limitations of the bond
or policy, other than as stated herein.
|
|
|
|
AUTHORIZED
REPRESENTATIVE
|
ENDORSEMENT
#4
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
|
National
Union Fire Insurance Company of Pittsburgh, Pa.
|
COMPUTER SYSTEMS
It
is agreed that:
The
attached bond is amended by adding an Insuring Agreement J as follows:
COMPUTER SYSTEMS
1. Loss resulting directly from a fraudulent
(1)
entry of Electronic Data or Computer Program
into, or
(2)
change of
Electronic Data or Computer Program within
a Computer System; 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;
(3)
voice
instructions or advices having been transmitted to the Insured or its agent(s) by
telephone; and further provided such voice instructions or advices:
(a)
were
made by a person who purported to represent an individual authorized to make
such voice instructions or advices; and
(b)
were
electronically recorded by the Insured or its agent(s) (as scheduled).
SCHEDULE OF SYSTEMS
Insureds
proprietary system
2.
As used in this rider, Computer System means:
(1)
computers with related peripheral components,
including storage components, wherever located,
(2)
systems and applications software,
(3)
terminal devices,
(4)
related communication networks or customer
communication systems, and
(5)
related electronic funds transfer systems,
by which Electronic Data are
electronically collected, transmitted, processed,
stored
and retrieved.
Electronic Data means facts
or information converted to a form usable in a
Computer
System by Computer Programs, and which is stored on magnetic tapes
or disks, or optical storage disks or other bulk media.
Computer Program means a set
of related electronic instructions which
direct the operations
and functions of a computer or devices connected to it which
enable the computer or devices to receive, process, store or send Electronic
Data.
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;
(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 Insureds Computer System.
4.
All loss or series of losses involving the
fraudulent acts of one individual, or involving fraudulent acts in which one individual is implicated,
whether or not that individual is specifically
identified, shall be treated as a Single Loss and subject to the
Single Loss Limit of Liability. 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 a Single Loss and subject to the Single Loss Limit of
Liability.
5.
The coverage afforded by this rider applies
only to loss discovered by the Insured
during the period this rider is in force.
6.
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.
7.
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 cancelled
without cancelling this bond in its entirety:
(a)
sixty (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
(b)
immediately upon receipt by the Underwriter
of a written request from the Insured to terminate or cancel
coverage under this Rider.
8.
Section 4 LOSS - NOTICE PROOF LEGAL
PROCEEDINGS of the Conditions
and Limitations of this bond is amended by adding the following sentence:
Proof of loss resulting
from voice instructions or advices covered under this
bond
shall include electronic recordings of such voice instructions or advices.
9.
Notwithstanding the foregoing however,
coverage afforded by this Rider is not
designed to provide protection against loss covered under a separate Electronic
and Computer Crime Policy by whatever title assigned or by whatever
Underwriter written. Any loss which is covered under such separate
policy, except one written as excess of this bond, is excluded from coverage
under this bond and the Insured agrees to make claim for such loss under
its separate policy.
10.
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 above stated.
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
ENDORSEMENT
#5
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
National
Union Fire Insurance Company of Pittsburgh, Pa.
TELEFACSIMILE
TRANSFERS
It is agreed that:
3.
The attached bond is amended by adding an
Insuring Agreement K as follows:
TELEFACSIMILE
TRANSFER FRAUD
Loss resulting directly from
the Insured having, in good faith, transferred or
delivered
Funds or other Property, Certificated Securities or Uncertificated Securities
through a Computer System covered under the terms of the Computer Systems
Fraud Insuring Agreement in reliance upon a fraudulent instruction received
through a Telefacsimile Device, and which instruction
(1)
purports and reasonably appears to have
originated from
(a)
a Customer of the Insured, or
(b)
another financial institution, or
(c)
another office of the Insured
but, in fact, was not
originated by the Customer or entity whose
identification it bears
and
(2)
contains a valid test code which proves to
have been used by a person who was
not authorized to make use of it and,
(3)
contains the name of a person authorized to
initiate such transfer; and
provided that, if the
transfer was in excess of
$100,000
,
the instruction was verified
by a call-back according to a prearranged procedure.
In this Insuring Agreement,
Customer means an entity or individual which has a
written
agreement with the Insured authorizing the Insured to rely on Telefacsimile Device
instructions to initiate transfers and has provided the Insured with the names
of persons authorized to initiate such transfers, and with which the Insured has
established an instruction verification mechanism, and Funds means Money on deposit
in an account.
2.
In addition to the Conditions and Limitations
in the bond and Computer Systems Fraud Insuring Agreement rider, the following
provisions are applicable to the Telefacsimile Transfer Fraud Insuring
Agreement:
Telefacsimile Device means a
machine capable of sending or receiving a duplicate
image
of a document by means of electronic impulses transmitted through a telephone
line and which reproduces the duplicate image on paper.
This Insuring Agreement does
not cover loss resulting directly or indirectly from the
assumption
of liability by the Insured by contract unless the liability arises from a loss
covered by the Telefacsimile Transfer Fraud Insuring Agreement and would be imposed
on the Insured regardless of the existence of the contract.
Proof of loss for claim
under the Telefacsimile Transfer Fraud Insuring Agreement
must include a copy of the document
reproduced by the Telefacsimile Device.
3.
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 above
stated.
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
ENDORSEMENT
#6
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
National
Union Fire Insurance Company of Pittsburgh, Pa.
UNAUTHORIZED
SIGNATURES
It is agreed that:
1.
The attached bond is amended to include the
following Insuring Agreement L:
Unauthorized
Signatures
Loss resulting directly from
the Insured having accepted, paid or cashed any check,
withdrawal
order or draft made or drawn on a customers account which bears the signature
or endorsement of one other than a person whose name and signature is on
the application file with the Insured as a signatory on such account.
It shall be a condition
precedent to the Insureds right of recovery under this
Insuring
Agreement that the Insured shall have on file signatures of all persons who are
authorized signatories on such account.
2.
The Limit of Liability for the coverage
provided by this Insuring Agreement shall be
$100,000
and the Underwriter shall not be liable
under this Insuring Agreement for any loss on account of any
instrument unless the amount of such instrument shall be
in excess of
$10,000
and unless such loss on
account of such instrument, after deducting all recoveries on
account of such instrument made prior to the payment of
such loss by the Underwriter, shall be in excess of such Deductible Amount and then
for such excess only, but in no event for more then the Limit of Liability provided
by this Insuring Agreement.
3.
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 above
stated.
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
ENDORSEMENT
#7
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
National
Union Fire Insurance Company of Pittsburgh, Pa.
AMEND
FIDELITY
1.
It is agreed that Insuring Agreement (A) FIDELITY
is deleted and replaced by the following:
(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 intent:
(a)
to cause the Insured to sustain such loss, or
(b)
to obtain thereby an improper financial
benefit for the Employee, or for any person or entity
intended by the Employee to receive such benefit.
Salaries,
commissions, fees, bonuses, promotions, awards, profit sharing, pensions
or
other Employee benefits earned in the normal course of employment shall not constitute
an improper financial benefit.
2.
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 above stated.
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
ENDORSEMENT
#8
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
National
Union Fire Insurance Company of Pittsburgh, Pa.
AMEND
GENERAL AGREEMENT A
It is agreed that:
1.
General Agreement A is amended, in paragraph
2., by changing the words 60 days to 90 days.
2.
Nothing herein contained shall be held to
vary, alter, waive or extend any of the terms, limitations,
conditions or agreements of this bond other than as above stated.
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
ENDORSEMENT
#9
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
National
Union Fire Insurance Company of Pittsburgh, Pa.
MARYLAND
ENDORSEMENT
It is agreed that subsection (g) of Section 5
of the Policy is deleted and replaced by the
following:
(g)
Legal proceedings for the recovery of any
loss hereunder shall not be brought
prior to the expiration of 60 days after the original proof of loss is filed
with the Company or after the expiration of 3 years from the discovery of
such loss.
This endorsement is effective as of the time
the attached policy becomes effective.
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
ENDORSEMENT
#10
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
National
Union Fire Insurance Company of Pittsburgh, Pa.
THIS
ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE
TERRITORY ENDORSEMENT
Payment of loss under this policy shall only
be made in full compliance with all United
States of America
economic or trade sanction laws or regulations, including, but not limited
to, sanctions, laws and regulations administered and enforced by the U.S.
Treasury Departments Office of Foreign Assets Control
(OFAC).
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
ENDORSEMENT
#10
This
endorsement, effective
12:01 A.M.
|
|
March 16,
2008
|
|
forms
a part of
|
policy
number
362-39-89
|
|
|
|
|
issued
to
RYDEX
SERIES TRUST
|
|
|
|
|
by
National
Union Fire Insurance Company of Pittsburgh, Pa.
FORMS
INDEX ENDORSEMENT
The contents of the Policy is comprised of
the following forms:
FORM NUMBER
|
|
EDITION DATE
|
|
FORM TITLE
|
MNSCPT
|
|
|
|
INVESTMENT COMPANY BLANKET
BOND-DEC-PAGE
|
41206
|
|
09/84
|
|
INVESTMENT COMPANY BLANKET
BOND-GUTS
|
MNSCPT
|
|
|
|
NAMED INSURED
|
MNSCPT
|
|
|
|
AMENDED COUNTERFEIT
CURRENCY
|
MNSCPT
|
|
|
|
ERISA
|
MNSCPT
|
|
|
|
COMPUTER SYSTEMS
|
MNSCPT
|
|
|
|
TELEFACSIMILE TRAMSFER
|
MNSCPT
|
|
|
|
UNAUTHORIZED SIGNATURES
|
MNSCPT
|
|
|
|
AMEND FIDELITY
|
MNSCPT
|
|
|
|
AMEND GENERAL AGREEMENT A
|
MNSCPT
|
|
|
|
MARYLAND ENDORSEMENT
|
MNSCPT
|
|
|
|
COVERAGE TERRITORY
ENDORSEMENT (OFAC)
|
MNSCPT
|
|
|
|
FORMS INDEX ENDORSEMENT
|
ALL OTHER TERMS, CONDITION AND EXCLUSIONS
REMAIN UNCHANGED.
|
|
|
|
|
AUTHORIZED REPRESENTATIVE
|
CERTIFIED RESOLUTION
The
undersigned, Joanna M. Haigney, hereby certifies, on behalf of Rydex Series Funds,
Rydex Variable Trust, Rydex Dynamic Funds, and Rydex ETF (each a Fund and,
together, the Funds), that
(1)
she is the duly elected, qualified and acting
Secretary of the Funds, and that as such Secretary she has custody of its
corporate books and records,
(2)
the following is a true and correct copy of
resolutions duly adopted by the Boards of Trustees of the Funds at a meeting
held on February 28, 2008, and
(3)
said resolutions have not been amended or
rescinded and remain in full force and effect.
Rydex Series Funds
Rydex Variable Trust
Rydex Dynamic Funds
Rydex ETF Trust
Approval of Joint Fidelity Bond and
Allocation Agreement
VOTED:
|
That
the proper officers be, and they hereby are, authorized to execute, with the
advice of legal counsel to the Rydex Series Funds, Rydex Variable Trust,
Rydex Dynamic Funds and Rydex ETF Trust (each a Trust and collectively, the
Trusts), a Joint Fidelity Bond on behalf of the Trusts provided that the
allocation of the premium be in accordance with a formula under which each
insured pays no more than its pro rata share of premium based on relative
asset size and, in any event, each insured would pay no more than the
premiums of the individual policy and no more than the share of the joint
premiums based on the relative premiums which would apply to individual
policies taken by an insured.
|
|
|
VOTED:
|
That
the officers of each Trust are hereby directed to:
|
|
|
|
(1) File
with the U.S. Securities and Exchange Commission (the SEC) within 10 days
after execution of any fidelity bond or amendment thereof (i) a copy of
the bond, (ii) a copy of each resolution of the Boards of Trustees,
including a majority of the Trustees who are not interested persons,
approving the amount, type, form and coverage of each such bond and the
portion of the premium to be paid by each Trust, (iii) a statement
showing the amount each Trust would have provided or maintained had it not
been named as an insured under a joint insured bond, (iv) a statement as
to the period for which the premiums for such bond have been paid, (v) a
copy of each agreement between each Trust and all other named insureds
entered into pursuant to Rule 17g-1(f) under the 1940 Act, and
(vi) a copy of any amendment to such agreement within 10 days after the
execution of such amendment;
|
|
|
|
(2) File
with the SEC, in writing, within five days after the making of a claim under
the bond by each Trust, a statement of the nature and amount thereof;
|
|
|
|
(3) File
with the SEC, within five days after the receipt thereof, a copy of the terms
of the settlement of any claim under the bond of each Trust; and
|
|
(4) Notify
by registered mail each member of the Boards of Trustees at his or her last
known residence of (i) any cancellation, termination or modification of
the bond, not less than 45 days prior to the effective date of the
cancellation, termination or modification, (ii) the filing and the
settlement of any claims under the bond by each Trust at any time the filings
required under (2) and (3) above are made with the SEC, and
(iii) the filing and proposed terms of settlement of any claim under the
bond by any other named insured, within five days of the receipt of a notice
from the fidelity insurance company.
|
April 10,
2008
|
|
|
|
|
|
/s/
Joanna M. Haigney
|
|
Joanna
M. Haigney
|
|
Secretary
|
|
|
|
INVOICE
#
ACCOUNT
NO.
SECBE03
|
592664
CSR
ZC
Financial
Institution
|
DATE
03/18/08
Bond
|
|
|
POLICY
#
|
|
|
LOCKTON COMPANIES, INC.
|
|
003623989
|
|
|
P.O. Box 802707 / Kansas City, MO 64180-2707
|
|
EFFECTIVE
|
EXPIRATION
|
BALANCE
DUE ON
|
(816) 960-9000 / FAX: (816) 960-9099
|
|
03/16/08
|
03/16/09
|
04/16/08
|
Deliveries to: 444 W. 47th Street, Suite 900 / Kansas City,
MO 64112-1906
|
|
AMOUNT PAID
|
|
AMOUNT DUE
$ 58,527.00
|
Security Benefit Mutual Holdin
Patrick Tilghman
One Security Benefit Place
Topeka, KS 66636-0001
*** PLEASE RETURN TOP PORTION WITH REMITTANCE ***
Itm #
|
|
Eff Date
|
|
Trn
|
|
Description
|
|
Amount
|
|
|
|
|
|
|
|
|
|
|
|
INVOICE #
|
|
592664
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
99T2M6
|
|
03/16/08
|
|
NEW
|
|
Fidelity Bond Form 14
|
|
$
|
58,527.00
|
|
|
|
|
|
|
|
|
|
|
|
|
AIG
Fidelity Bond Form 14 (Admitted) for Rydex Series Trust, Policy
#003623989, policy term 3/16/08-3/16/09
|
|
Please
remit payment to Lockton Companies, LLC, P.O. Box 802707, Kansas City,
MO 64180-2707
|
|
|
|
|
|
|
Invoice
Balance:
|
|
$
|
58,527.00
|
|
May 14,
2008
Mike
Premo
Rydex
Funds
9601
Blackwell Road
Rockville,
MD 20852
Re:
Policy Number 003623989, effective 3/16/08-3/16/09
Dear
Mike,
According
to the list of Named Insureds provided by you and National Union Fire Insurance
Company of Pittsburgh, Pa. (AIG) the total premium of $58,527 for this blanket
policy is significantly less than what we would expect a Minimum Premium would
be for each of these individually. A minimum $500,000 policy limit would
typically cost anywhere from $750-$1,500 depending on the value of the trust.
Your policy includes over 175 trusts so this could well add up to over $131,000
in premium if purchased separately.
Your
annual policy premium of $58,527 was paid punctually in full. No outstanding
premiums are due at this time.
A
copy of the policy binder from AIG is attached, the policy should be issued
shortly and will be provided upon receipt and review of our office.
Please
let me know if you need anything further.
Sincerely,
LOCKTON
COMPANIES
Lori
Cartwright
Account
Manager
Enclosure
LOCKTON COMPANIES, LLC
444 W 47th Sr,Sec 900 / Kansas City, MO 64112-1906
816-960-9000 / FAX: 816-960-9099
www.lockton.com
ALLOCATION AGREEMENT AMONG JOINTLY INSURED PARTIES
THIS
ALLOCATION AGREEMENT AMONG JOINTLY INSURED PARTIES (the Agreement), is made
as of this 4
th
day of April, 2008 by and among the following
parties: RYDEX SERIES FUNDS (the Series Funds), a registered investment
company organized as a Delaware business trust, on behalf of itself and its
series; RYDEX DYNAMIC FUNDS (the Dynamic Funds), a registered investment
company organized as a Delaware business trust, on behalf of itself and its
series; RYDEX VARIABLE TRUST (the Variable Trust), a registered investment
company organized as a Delaware business trust, on behalf of itself and its
series; RYDEX ETF TRUST (the ETF Trust), a registered investment company
organized as a Delaware business trust, on behalf of itself and its series;
CURRENCYSHARES AUSTRALIAN DOLLAR TRUST, CURRENCYSHARES BRITISH POUND STERLING
TRUST, CURRENCYSHARES CANADIAN DOLLAR TRUST, CURRENCYSHARES EURO TRUST,
CURRENCYSHARES JAPANESE YEN TRUST, CURRENCYSHARES MEXICAN PESO TRUST, CURRENCYSHARES
SWEDISH KRONA TRUST, and
CURRENCYSHARES
SWISS FRANC TRUST (the CurrencyShares), each a grantor trust formed under the
laws of the state of New York; (the ETF Trust, together with the Series Funds,
Dynamic Funds, Variable Trust, CurrencyShares and each of their respective
series are hereinafter are collectively referred to as the Rydex Funds);
PADCO ADVISORS, INC. (PADCO I), a registered investment adviser incorporated
under the laws of the State of Maryland; PADCO ADVISORS II, INC. (PADCO II),
a registered investment adviser incorporated under the laws of the State of
Maryland; RYDEX FUND SERVICES, INC. (the Servicer), a registered transfer
agent incorporated under the laws of the State of Maryland; and PADCO 401(k) &
PROFIT SHARING PLAN (the PADCO Plan), an employee benefit welfare or pension
benefit plan established for the benefit of eligible employees of PADCO I,
PADCO II, and the Servicer. The aforementioned parties are collectively
referred to as the Joint Insureds for purposes of this Agreement.
WHEREAS,
the Joint Insureds desire to be named as joint insureds under the terms of a
certain bond or policy of insurance which insures against larceny and
embezzlement of officers and employees (the Fidelity Bond), a copy of which Fidelity
Bond is attached hereto as Exhibit A; and
WHEREAS,
the Joint Insureds desire to establish (i) criteria by which recoveries
under the Fidelity Bond shall be allocated among the Joint Insureds in
compliance with Rule 17g-1 under the Investment Company Act of 1940, as
amended (the Act), and (ii) the basis on which additional investment
companies may be added as named Joint Insured under the Fidelity Bond;
NOW,
THEREFORE, IT IS HEREBY AGREED by and among the parties as follows:
1.
Payment
of Premiums
PADCO
I shall pay ten and three tenths of a percent (10.3%), PADCO II shall pay
eleven and six tenths of a percent (11.6%), the Servicer shall pay one and one
tenth of a percent (1.1%), and the Rydex Funds shall pay seventy-five percent
(75%) of the premium payable under the Fidelity Bond; and PADCO I also shall
pay an additional two percent (2%) of the premium payable under the Fidelity
Bond, which portion of this premium is attributable to the PADCO
1
Plan.
Each of the Rydex Funds shall pay that percentage of said amount of the premium
due under the Fidelity Bond which is derived by a fraction, (i) the
denominator of which is the total net assets of all the Rydex Funds combined,
and (ii) the numerator of which is the total net assets of each such Rydex
Fund individually.
Each
of the Rydex Funds, PADCO I, PADCO II, Servicer and the PADCO Plan, agree that
the appropriateness of the allocation of said premium will be determined by
jointly by appropriate officers of the Joint Insureds on a monthly basis,
subject to annual approval of both the Fidelity Bond and this Allocation
Agreement by the Trustees of the Rydex Funds.
2.
Allocation of Recoveries
(a)
If more than one of the parties hereto is
damaged in a single loss for which recovery is received under the Fidelity
Bond, each such party shall receive that portion of the recovery which
represents the loss sustained by that party, unless the recovery is inadequate
to indemnify fully such party sustaining a loss.
(b)
If the recovery is inadequate to indemnify
fully each such party sustaining a loss, then the recovery shall be allocated
among such parties as follows:
(i)
Each such party sustaining a loss shall be
allocated an amount equal to the lesser of that partys actual loss or the
minimum amount of bond which would be required to be maintained by such party
under a single insured bond (determined as of the time of the loss) in
accordance with the provisions of Rule 17g-1(d)(1) under the Act.
(ii)
The remaining portion of the proceeds shall
be allocated to each such party sustaining a loss not fully covered by the
allocation under subparagraph 2(b)(i), above, in the proportion that each such
partys last payment of premium bears to the sum of the last such premium
payments of all such parties. If such allocation would result in any party that
had sustained a loss receiving a portion of the recovery in excess of the loss
actually sustained, such excess portion shall be allocated among the other
parties whose losses would not be fully indemnified. The allocation shall bear
the same proportion as each such partys last payment of premium bears to the
sum of the last premium payments of all parties entitled to receive a share of
the excess. Any allocation in excess of a loss actually sustained by any such
party shall be reallocated in the same manner.
3.
Obligation to Maintain
Minimum Coverage
(a)
Each of the Rydex Funds represents and
warrants to each of the other parties hereto that the minimum amount of coverage
required of each such Rydex Fund shall be determined as of the date hereof
pursuant to the schedule set forth in paragraph (d)(1) of Rule 17g-1
under the Act. The parties hereto agree that the appropriate officers of the
Rydex Funds will determine, no less frequently than at the end of each calendar
quarter, the minimum amount of coverage which would be required of each of the
Rydex Funds by Rule 17g-1(d)(1) if a determination with respect to
the adequacy of the coverage were currently being made.
2
(b)
In the event that the total amount of the
minimum coverages thus determined exceeds the amount of coverage of the
then-effective Fidelity Bond, the Trustees will be notified and will determine
whether it is necessary or appropriate to increase the total amount of coverage
of the Fidelity Bond to an amount not less than the total amount of such
minimums, or to secure such excess coverage for one or more of the parties
hereto, which, when added to the total coverage of the Fidelity Bond, will
equal an amount equal to or greater than such minimums.
4.
Prior Agreements;
Termination
This
Agreement shall supersede all prior agreements relating to an allocation of
premium on any joint insured bond and shall apply to the present Fidelity Bond
coverage and any renewal or replacement thereof. This Agreement shall continue
until terminated by any party hereto upon the giving of not less than sixty
(60) days notice to the other parties hereto in writing.
5.
Law Governing
This
Agreement is governed by the laws of the State of Maryland (without reference
to such states conflict of law rules).
6.
Counterparts
This
Agreement may be executed in counterparts, each of which shall be deemed an
original, but which together shall constitute one and the same instrument.
7.
Amendment, Modification, and
Waiver
(a)
No term or provision of this Agreement may be
amended, modified, or waived without the affirmative vote or action by written
consent of each of the parties hereto.
(b)
The Joint Insureds may amend this Agreement
to add another party to the Agreement provided that (a) such party may be
included in the Fidelity Bond pursuant to Rule 17g-1(b) under the
Act; (b) the trustees of each of the Rydex Funds who are not interested
persons of such Fund shall approve such addition; and (c) the premium
paid by each Rydex Fund thereafter would be no more than the premium of an
individual policy for the Fund. In the event another party is added as a Joint
Insured under the Fidelity Bond, such party must agree to be bound by the terms
of this Agreement and must execute and deliver a copy of this Agreement to each
Joint Insured.
3
IN
WITNESS WHEREOF, the parties hereto have caused these presents to be duly
executed by their duly-authorized officers as of the date first above written.
RYDEX
SERIES FUNDS;
|
|
PADCO
401(k) & PROFIT
|
RYDEX
DYNAMIC FUNDS;
|
|
SHARING
PLAN
|
RYDEX
VARIABLE TRUST;
|
|
|
RYDEX
ETF TRUST;
|
|
|
|
CURRENCYSHARES
AUSTRALIAN DOLLAR
|
|
By:
|
TRUST;
|
|
|
Carl
G. Verboncoeur
|
CURRENCYSHARES
BRITISH POUND STERLING
|
|
|
Trustee
|
TRUST;
|
|
|
CURRENCYSHARES
CANADIAN DOLLAR
|
|
|
TRUST;
|
|
|
CURRENCYSHARES
EURO TRUST;
|
|
|
CURRENCYSHARES
JAPANESE YEN TRUST;
|
|
|
CURRENCYSHARES
MEXICAN PESO TRUST;
|
|
|
CURRENCYSHARES
SWEDISH KRONA TRUST;
|
|
|
CURRENCYSHARES
SWISS FRANC TRUST;
|
|
|
PADCO
ADVISORS, INC.;
|
|
|
PADCO
ADVISORS II, INC.; and
|
|
|
RYDEX
FUND SERVICES, INC.
|
|
|
|
|
|
|
|
|
|
By:
|
|
|
|
Carl
G. Verboncoeur
|
|
|
|
President
|
|
|
4
Invesco S&P 500 Equal We... (AMEX:RCD)
과거 데이터 주식 차트
부터 2월(2) 2025 으로 3월(3) 2025
Invesco S&P 500 Equal We... (AMEX:RCD)
과거 데이터 주식 차트
부터 3월(3) 2024 으로 3월(3) 2025