[Letterhead of TPG Specialty Lending, Inc.]
March 17, 2016
VIA EDGAR
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
Re: | TPG Specialty Lending, Inc. |
Rule 17g-1(g) Fidelity Bond Filing
Ladies and Gentlemen:
On behalf of TPG Specialty Lending, Inc. (the Company), enclosed herewith for filing, pursuant to Rule 17g-1(g) under the Investment Company Act of 1940, are the following:
1. | copy of the fidelity bond covering the Company, which includes a statement as to the period for which premiums have been paid; and |
2. | a Certificate of the Secretary of the Company containing the resolutions of the Board of Directors approving the amount, type, form and coverage of the fidelity bond and a statement as to the period for which premiums have been paid. |
If you have any questions regarding this submission, please do not hesitate to call me at (212) 601-4717.
Very truly yours, |
TPG Specialty Lending, Inc. |
/s/ Jennifer Gordon |
Jennifer Gordon |
Chief Compliance Officer, Vice President and Secretary |
Enclosures
CERTIFICATE OF SECRETARY
The undersigned, Jennifer Gordon, Chief Compliance Officer, Vice President and Secretary of TPG Specialty Lending, Inc., a Delaware corporation (the Company), does hereby certify that:
1. | This certificate is being delivered to the Securities and Exchange Commission (the SEC) in connection with the filing of the Companys fidelity bond (the Bond) pursuant to Rule 17g-1 of the Investment Company Act of 1940, as amended, and the SEC is entitled to rely on this certificate for purposes of the filing. |
2. | The undersigned is the duly elected, qualified and acting Secretary of the Company, and has custody of the corporate records of the Company and is a proper officer to make this certification. |
3. | Attached hereto as Exhibit A is a copy of the resolutions approved by the Board of Directors of the Company, including a majority of the Board of the Directors who are not interested persons of the Company, approving the amount, type, form and coverage of the Bond. |
4. | Premiums have been paid for the period March 8, 2016 to March 8, 2017. |
IN WITNESS WHEREOF, the undersigned has caused this certificate to be executed this 17th day of March, 2016.
/s/ Jennifer Gordon |
Jennifer Gordon |
Chief Compliance Officer, Vice President and Secretary |
Exhibit A
Excerpt from the minutes of the
meeting of the Board of Directors
of TPG Specialty Lending, Inc. held
on February 24, 2016
Approval of the Fidelity Bond
WHEREAS, Section 17(g) of the Investment Company Act of 1940 (the 1940 Act) and Rule 17g-1(a) thereunder require a BDC, such as the Company, to provide and maintain a bond which shall be issued by a reputable fidelity insurance company, authorized to do business in the place where the bond is issued, to protect the Company against larceny and embezzlement, covering each officer and employee of the BDC who may singly, or jointly with others, have access to the securities or funds of the BDC, either directly or through authority to draw upon such funds of, or to direct generally, the disposition of such securities, unless the officer or employee has such access solely through his position as an officer or employee of a bank (each, a covered person); and
WHEREAS, Rule 17g-1 specifies that the bond may be in the form of (i) an individual bond for each covered person, or a schedule or blanket bond covering such persons, (ii) a blanket bond which names the Company as the only insured (a single insured bond), or (iii) a bond which names the Company and one or more other parties as insureds (a joint insured bond), as permitted by Rule 17g-1; and
WHEREAS, Rule 17g-1 requires that a majority of the Board of Directors who are not interested persons of the Company as defined in Section 2(a)(19) of the 1940 Act approve periodically (but not less than once every 12 months) the reasonableness of the form and amount of the bond, with due consideration to the value of the aggregate assets of the Company to which any covered person may have access, the type and terms of the arrangements made for the custody and safekeeping of such assets, and the nature of securities and other investments to be held by the Company, and pursuant to factors contained in the Rule which are described in the accompanying memorandum attached hereto; and
WHEREAS, under Rule 17g-1, the Company is required to make certain filings with the SEC and give certain notices to each member of the Board of Directors in connection with the bond, and designate an Officer who shall make such filings and give such notices; and
WHEREAS, the Company is presently a party to a single insured bond (the Current Fidelity Bond); and
WHEREAS, the Company intends to enter into a new bond upon expiration of the Current Fidelity Bond (the New Fidelity Bond);
NOW THEREFORE BE IT RESOLVED, that having considered the expected aggregate value of the securities and funds of the Company to which Officers or employees of the Company may have access (either directly or through authority to draw upon such funds or to direct generally the disposition of such securities), the type and terms of the arrangements made for the custody of such securities and funds, the nature of securities and other investments to be held by the Company, the accounting procedures and controls of the Company, the nature and method of conducting the operations of the Company, and the requirements of Section 17(g) of the 1940 Act and Rule 17g-1 thereunder, it is determined that the amount, type, form, premium and coverage of the Current Fidelity Bond, covering the Officers and employees of the Company and insuring the Company against loss from fraudulent or dishonest acts, including larceny and embezzlement, issued by Marsh, having an aggregate coverage of $10,000,000 (the Fidelity Bond), is reasonable, and the Current Fidelity Bond be, and hereby is, approved, ratified and confirmed by the Board of Directors of the Company, including a majority of the Directors that are not interested persons of the Company under the 1940 Act (the Independent Directors); and
FURTHER RESOLVED, that the negotiation, execution and delivery of the New Fidelity Bond by any Officer of the Company, on substantially the same terms and with the same coverage as the Current Fidelity Bond and with annual premiums of up to 110% of the Current Fidelity Bond, be and hereby is approved by the Board of Directors of the Company, including a majority of the Independent Directors; and
FURTHER RESOLVED, that the Officers of the Company be, and they hereby are, authorized to take all appropriate actions, with the advice of legal counsel to the Company, to provide and maintain the Fidelity Bond on behalf of the Company; and
FURTHER RESOLVED, that the Chief Compliance Officer of the Company be, and hereby is, designated as the party responsible for making the necessary filings and giving the notices with respect to such bond required by paragraph (g) of Rule 17g-1 under the 1940 Act.
FINANCIAL INSTITUTION BOND | ||||
Standard Form No. 14, Revised to October, 1987 | ||||
Bond No. DON G25562823 002 | ||||
ACE American Insurance Company |
||||
(Herein called Underwriter) | ||||
DECLARATIONS |
||||
Item 1. Name of Insured (herein called Insured): |
TPG Specialty Lending, Inc. |
|||
Principal Address: |
301 Commerce Street, Suite 3300 Fort Worth, TX 76102
|
Item 2. | Bond Period: from 12:01 a.m. on | 03/08/2016 | to 12:01 a.m. on | 03/08/2017 | Standard time. | |||||
(MONTH. DAY. YEAR) | (MONTH. DAY. YEAR) |
Item 3. | The Aggregate Liability of the Underwriter during the Bond Period shall be |
$10,000,000
Item 4. | Subject to Sections 4 and 11 hereof, |
the Single Loss Limit of Liability is $5,000,000
and the Single Loss Deductible is $50,000
Provided, however, that if any amounts are inserted below opposite specified Insuring Agreements or Coverage, those amounts shall be controlling. Any amount set forth below shall be part of and not in addition to amounts set forth above. (If an Insuring Agreement or Coverage is to be deleted, insert Not Covered.)
Amount applicable to: | Single Loss Limit of Liability |
Single Loss Deductible |
||||||
Insuring Agreements (A) Employee Dishonesty |
$ | 5,000,000 | $ | 50,000 | ||||
Insuring Agreement (B) Premises |
$ | 5,000,000 | $ | 50,000 | ||||
Insuring Agreement (C) Transit |
$ | 5,000,000 | $ | 50,000 | ||||
Insuring Agreement (D) Forgery or Alteration |
$ | 5,000,000 | $ | 50,000 | ||||
Insuring Agreement (E) Securities Forgery |
$ | 5,000,000 | $ | 50,000 | ||||
Computer Insuring Agreements |
$ | 5,000,000 | $ | 50,000 | ||||
Claims Expense |
$ | 50,000 | $ | 5,000 |
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 5. | The liability of the Underwriter is subject to the terms of the following riders attached hereto: |
Endorsements #1 - 19
Item 6. | The Insured by the acceptance of this bond gives notice to the Underwriter terminating or canceling prior bond(s) |
or policy(ies) No.(s) G25562823 001
such termination or cancelation to be effective as of the time this bond becomes effective.
|
Authorized Representative |
TSB 5062b | Copyright, The Surety Association of America, 1997 | Page 1 of 6 |
The Underwriter, in consideration of an agreed premium, and in reliance upon all statements made and information furnished to the Underwriter by the Insured in applying for this bond, and subject to the Declarations, Insuring Agreements, General Agreements, Conditions and Limitations and other terms hereof, agrees to indemnify the Insured for:
INSURING AGREEMENTS
GENERAL AGREEMENTS
TSB 5026b | Copyright, The Surety Association of America, 1997 | Page 2 of 6 |
CONDITIONS AND LIMITATIONS
TSB 5026b | Copyright, The Surety Association of America, 1997 | Page 3 of 6 |
TSB 5026b | Copyright, The Surety Association of America, 1997 | Page 4 of 6 |
TSB 5026b | Copyright, The Surety Association of America, 1997 | Page 5 of 6 |
In witness whereof, the Underwriter has caused this bond to be executed on the Declarations page. |
TSB 5026b | Copyright, The Surety Association of America, 1997 | Page 6 of 6 |
SIGNATURES
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 1 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS.
By signing and delivering the policy to you, we state that it is a valid contract.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (A stock company)
BANKERS STANDARD FIRE AND MARINE COMPANY (A stock company)
BANKERS STANDARD INSURANCE COMPANY (A stock company)
ACE AMERICAN INSURANCE COMPANY (A stock company)
ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company)
INSURANCE COMPANY OF NORTH AMERICA (A stock company)
PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company)
ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company)
WESTCHESTER FIRE INSURANCE COMPANY (A stock company)
436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703
|
Authorized Representative |
CC-1K11h (03/14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 2 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
RIDER
To be attached to and form part of Financial Institution Bond, Standard Form No. 14 in favor of TPG Specialty Lending, Inc.
It is agreed that:
1. | Subparagraph (d) of Section 5 NOTICE/PROOF LEGAL PROCEEDINGS AGAINST UNDERWRITER of the Conditions and Limitations of the bond is deleted and replaced by the following: |
(d) Legal proceedings for the recovery of any loss hereunder shall not be brought more than two years and one day after the earlier of (1) the date the original proof of loss is filed with the Underwriter, or (2) 6 months after discovery of such loss.
2. | A new Subparagraph (g) is added to Section 5 NOTICE/PROOF LEGAL PROCEEDINGS AGAINST UNDERWRITER of the Conditions and Limitations of the bond as follows: |
(g) In the event of a legal proceeding against the Insured as described in the NOTICE OF LEGAL PROCEEDINGS ELECTION TO DEFEND General Agreement of the Bond, the time in which to file a proof of loss pursuant to subparagraph (b) of this Section 5 and the time in which to file suite pursuant to part (2) of subparagraph (d) of this Section 5 shall commence upon the entry of a judgment against the Insured in, or a settlement by the Insured of, such legal proceeding instead of upon discovery of loss.
3. | The last paragraph of the NOTICE OF LEGAL PROCEEDINGS ELECTION TO DEFEND General Agreement of the bond is deleted and replaced by the following: |
The Insured must notify the Underwriter within 30 days after such judgment is entered against it or after the insured settles such legal proceeding.
4. | The following is added to the Conditions and Limitations of the bond: |
The Underwriter may not cancel or refuse to renew this bond based solely on the fact that any Insured is an elected official.
5. | This rider is effective as of 12:01 a.m. on 03/08/2016. |
TEXAS RIDER
FOR USE WITH FINANCIAL INSTITUTION BONDS, STANDARD FORM NOS. 14, 15, 24 AND 25
ADOPTED MARCH, 2008. |
||||
SR 6290 | Copyright The Surety & Fidelity Association of America, 2008 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 3 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
ADD CERTAIN COMPUTER CRIME INSURING AGREEMENTS
It is agreed that the bond is amended to add the following:
1. | The section entitled Insuring Agreements is amended to add the following: |
| COMPUTER SYSTEMS FRAUD |
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 |
any Computer System operated by the Insured, whether owned or leased; or any Computer System identified in the application for this bond; or a Computer System first used by the Insured during the bond period, as provided by General Agreement B; provided the entry or change causes
1. | property to be transferred, paid or delivered, |
2. | an account of the Insured, or of its customer, to be added, deleted, debited or credited, or |
3. | an unauthorized account or a fictitious account to be debited or credited. |
In this Insuring Agreement, fraudulent entry or change shall include such entry or change made by an employee of the Insured acting in good faith
a) | on an instruction from a software contractor who has a written agreement with the Insured to design, implement, or service programs for a Computer System covered by this Insuring Agreement, or |
b) | on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this policy purportedly sent by a customer, financial institution, or automated clearing house. |
| DAT A PROCESSING SERVICE OPERATIONS |
Loss sustained by a Client of the Insured resulting directly from a fraudulent
1. | entry of Electronic Data or a Computer Program into, or |
2. | change of Electronic Data or a Computer Program within a Computer System covered under the terms of the Computer Systems Fraud Insuring Agreement 1, or |
3. entry or change of Electronic Data during electronic transmission or physical transit from the Insured to its Client,
provided that the entry or change causes
1. | property to be transferred, paid or delivered, |
2. | an account of the Client, or a customer of the Client, to be added, deleted, debited or credited, or |
3. | an unauthorized account or a fictitious account to be debited or credited, |
and for which loss the Insured is legally liable to the Client as a provider of data processing services for such Client.
PF-38325 (06/12) | © 2012 | Page 1 of 6 |
In this Data Processing Servicing Operations Insuring Agreement, fraudulent entry or change shall include such entry or change made by an employee of the Insured acting in good faith
a) | on an instruction from a software contractor who has a written agreement with the Insured to design, implement or service programs for a Computer System covered by this Insuring Agreement, or |
b) | on an instruction transmitted by Tested telex or similar means of Tested communication identified in the application for this policy purportedly sent by a customer, financial institution, or automated clearing house. |
In this Data Processing Servicing Operations Insuring Agreement, Client means an entity for whom the Insured serves as data processor under the terms of a written agreement
| VOICE INITIATED TRANSFER FRAUD |
Loss resulting directly from the Insured having, in good faith, transferred Funds from a Customers account through a Computer System covered under the terms of the Computer Systems Fraud Insuring Agreement in reliance upon a fraudulent voice instruction transmitted by telephone which was purported to be from
1. | an officer, director, partner or employee of a Customer of the Insured who was authorized by the Customer to instruct the Insured to make such transfer, |
2. | an individual person who is a Customer of the Insured, or |
3. | an employee of the Insured in another office of the Insured who was authorized by the Insured to instruct other employees of the Insured to transfer Funds, and was received by an employees of the Insured specifically designated to receive and act upon such instructions, but the voice instruction was not from a person described in (1), (2), or (3) above, |
provided that
1. | such voice instruction was electronically recorded by the Insured and required password(s) or code word(s) given; and |
2. | if the transfer was in excess of $50,000, the voice instruction was verified by a call-back according to a prearranged procedure. |
As used in this Voice Initiated Transfer Fraud Insuring Agreement, Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on voice instructions to initiate transfers and had provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism.
| TELEFACSIMILE TRANSFER FRAUD |
Loss resulting directly from the Insured having, in good faith, transferred or delivered Funds, Certificated Securities or Uncertificated Securities through a Computer System covered under the terms of Insuring Agreement 1 in reliance upon a fraudulent instruction received though a Telefacsimile Device, and which instruction
1. | purports and reasonably appears to have originated from, |
a) | a Customer of the Insured |
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
1. | contains a valid test code which proves to have been used by a person who was not authorized to make use of it, and |
2. | contains the name of a person authorized to initiate such transfer; |
provided that, if the transfer was in excess of $50,000, the instruction was verified by a call-back according to a prearranged procedure.
PF-38325 (06/12) | © 2012 | Page 2 of 6 |
As used in this Telefacsimile Transfer Fraud Insuring Agreement, Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on Telefacsimile Device instruction to initiate transfers and had provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism.
| DESTRUCTION OF DATA OR PROGRAMS BY HACKER |
Loss resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the Computer Systems Fraud Insuring Agreement.
The liability of the Company shall be limited to the cost of duplication of such Electronic Data or Computer Programs from other Electronic Data or Computer Programs which shall have been furnished by the Insured.
In the event, however, that destroyed or damaged Computer Programs cannot be duplicated from other Computer Programs, the Company will pay the cost incurred for computer time, computer programmers, consultants or other technical specialists as is reasonably necessary to restore the Computer Programs to substantially the previous level of operational capability.
| DESTRUCTION OF DATA OR PROGRAMS BY VIRUS |
Loss resulting directly from the malicious destruction of, or damage to, Electronic Data or Computer Programs owned by the Insured or for which the Insured is legally liable while stored within a Computer System covered under the terms of the Computer Systems Fraud Insuring Agreement if such destruction or damage was caused by a computer program or similar instruction which was written or altered to incorporate a hidden instruction designed to destroy or damage Electronic Data or Computer Programs in the Computer System in which the computer program or instruction so written or so altered is used.
The liability of the Underwriter shall be limited to the cost of duplication of such Electronic Data or Computer Programs from other Electronic Data or Computer Programs which shall have been furnished by the Insured.
In the event, however, that destroyed or damaged Computer Programs cannot be duplicated from other Computer Programs, the Underwriter will pay the cost incurred for computer time, computer programmers, consultants, or other technical specialists as is reasonably necessary to restore the Computer Programs to substantially the previous level of operational capability.
Special Condition:
Under this Destruction Of Data Or Programs By Virus Insuring Agreement, Single Loss means all covered costs incurred by the Insured between the time destruction or damage is discovered and the time the Computer System is restored to substantially the previous level of operational capability. Recurrence of destruction or damage after the Computer System is restored shall constitute a separate Single Loss.
| VOICE COMPUTER SYSTEM FRAUD |
Loss resulting directly from charges for voice telephone long-distance toll calls which were incurred due to the fraudulent use or fraudulent manipulation of an Account Code or System Password required to obtain access to a Voice Computer System owned or leased by the Insured, installed on the Insureds premises, whose System Administration is performed and controlled by the Insured; provided, however, that the unauthorized access was not made possible by
PF-38325 (06/12) | © 2012 | Page 3 of 6 |
1. | failure to incorporate a System Password feature or failure to change the System Password at least once every 30 days thereafter, or |
2. | failure to have a call-disconnect feature in operation to automatically terminate a callers access to the Voice Computer System after not more than three unsuccessful attempts to input an Account Code. |
Special Condition:
Under this Voice Computer System Fraud Insuring Agreement, Single Loss means loss resulting from toll call charges made only on telephone lines directly controlled by one Voice Computer System and only toll call charges occurring for a period of not more than 30 days inclusive of the date on which the first such toll call charge was made.
2. | Subsection B, Additional Offices Or Employees Consolidation, Merger Or Purchase Of Assets, is amended to add the following: |
As used in this subsection, assets includes a Computer System.
3. | Section I, Definitions, of the Conditions And Limitations, is amended to add the following |
| Account Code means a confidential and protected string of characters which identifies or authenticates a person and permits that person to gain access to a Voice Computer System for the purpose of making toll calls or utilizing voice mail box messaging capabilities or other similar functional features of the System. |
| 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. |
| Computer System means |
1. | computers with related peripheral components, including storage components wherever located, |
2. | systems and applications software, |
3. | terminal devices, and |
4. | related communication networks |
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. |
| Funds means Money on deposit in an account. |
| System Administration means the performance of security functions including but not limited to defining authorized persons to access a Voice Computer System and adding, changing and deleting Account Codes or passwords in connection therewith; and invoking or revoking a System option which directs telephone call routing or which adds, moves or drops telephone lines or which performs any other similar activity allowed by a hardware or software-based System option that has been incorporated by a manufacturer or vendor into a System or any component thereof provided said System option is not intended for the sole use of such manufacturer or vendor. |
| System Maintenance means the performance of hard-ware and software installation, diagnostics and corrections and similar activities that are performed in the usual custom and practice by a manufacturer or vendor to establish or maintain the basic operational functionality of a Voice Computer System or any component thereof. |
| System Password means a confidential and protected string of characters, which identifies or authenticates a person and permits that person to gain access to a Voice Computer System or any portion thereof for the purpose of performing System Administration or System Maintenance activities. |
PF-38325 (06/12) | © 2012 | Page 4 of 6 |
| 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. |
| Tested means a method of authenticating the contents of a communication by placing a valid test key on it which has been agreed upon by the Insured and a customer, automated clearing house, or another financial institution for the purpose of protecting the integrity of the communication in the ordinary course of business. |
Voice Computer System means a Computer System installed in one location which functions as a private branch exchange (PBX), voice mail processor, auto-mated call attendant or provides a similar capability used for the direction or routing of telephone calls in a voice communications network.
4. | Section 2, Exclusions, of the Conditions And Limitations, is amended to add the following: |
| loss resulting directly or indirectly from entry or change of Electronic Data or Computer Programs in a Computer System, unless covered under the Computer Systems Fraud Insuring Agreement or the Data Processing Service Operations Insuring Agreement; |
| loss resulting directly or indirectly from the Insured having transferred Funds in reliance on the validity of a voice instruction, unless covered under the Computer Systems Fraud Insuring Agreement or the Voice Initiated Transfer Fraud Insuring Agreement; |
| loss resulting directly or indirectly by the Insured having transferred or delivered Funds, Certificated Securities or Uncertificated Securities in reliance on an instruction received through a Telefacsimile Device unless covered under Telefacsimile Transfer Fraud Insuring Agreement; |
| loss resulting directly or indirectly from theft of confidential information; |
| the cost of duplication of Electronic Data or Computer Programs, unless covered under the Destruction Of Data Programs By Hacker Insuring Agreement or the Destruction Of Data Programs By Virus Insuring Agreement; |
| loss involving a Voice Computer System, unless covered under the Voice Computer Systems Fraud Insuring Agreement; |
| loss resulting directly or indirectly from |
1. | written instructions or advices, or |
2. | telegraphic or cable instructions or advices; |
unless the instructions or advices are Tested and the loss is covered under the Computer Systems Fraud Insuring Agreement or the Data Processing Service Operations Insuring Agreement;
| loss resulting directly or indirectly from negotiable instruments, securities, documents or other written instruments which bear a forged signature, or are counterfeit, altered or otherwise fraudulent and which are used as source documentation in the preparation of Electronic Data or manually keyed into a data terminal; |
| loss resulting directly or indirectly from the fraudulent preparation, or fraudulent modification of Computer Programs unless covered under the Computer Systems Fraud Insuring Agreement or the Data Processing Service Operations Insuring Agreement; |
| loss resulting directly or indirectly from |
1. | mechanical failure, faulty construction, error in design, latent defect, fire, wear or tear, gradual deterioration, electrical disturbance or electrical surge which affects a Computer System, or |
2. | failure or breakdown of electronic data processing media, or |
error or omission in programming or processing;
| loss as a result of a threat |
(1) | to do bodily harm to any person, or |
(2) | to do damage to the premises or property of the Insured, or |
(3) | to Computer System operations; |
PF-38325 (06/12) | © 2012 | Page 5 of 6 |
| loss resulting directly or indirectly from the use of a telephone credit, debit, charge, identification or similar card to gain access to the Insureds Voice Computer System; |
| loss resulting directly or indirectly from the use or purported use of credit, debit, charge, access, convenience, customer identification or other cards; |
| loss resulting directly or indirectly from the input of Electronic Data into a Computer System terminal device either on the premises of a customer of the Insured or under the control of such customer by a person who had authorized access to the customers authentification mechanism. |
All other terms, conditions and limitations of this bond remain unchanged.
|
Authorized Representative |
PF-38325 (06/12) | © 2012 | Page 6 of 6 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 4 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
AMEND RICO EXCLUSION
It is agreed that Conditions And Limitations, Section 2, Exclusions, subsection (j), is deleted in its entirety and the following is inserted:
(j) | damages resulting from any civil, criminal or other legal proceeding in which the Insured is adjudicated to have engaged in racketeering activity except when the Insured establishes that the act or acts giving rise to such damages were committed by an Employee under circumstances which result directly in a loss to the Insured covered by insuring Agreement (A). For the purposes of this exclusion, racketeering activity is defined in 18 United States Code 1961 et seq., as amended; |
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-37675 (05/12) | © 2012 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 5 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
AMEND COUNTERFEIT CURRENCY
It is agreed that Insuring Agreements, Section (F), Counterfeit Currency, is deleted in its entirety, and the following is inserted:
(F) | Loss resulting directly from the receipt by the Insured, in good faith, of any Counterfeit Money, Coin or Currency of the United States of America, Canada or any other country. |
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-33849 (05/11) | © 2011 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 6 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
AUDIT EXPENSE
It is agreed that the bond is amended as follows:
1. | Insuring Agreements, Section A, Fidelity, is amended to add the following: |
Audit Expense Coverage $50,000 in the aggregate, which is part of, and not in addition to, the Aggregate Limit of Liability shown on the Declaration Page of this bond, with a deductible of $5,000 applicable to each and every loss
Expense incurred by the Insured for that part of the cost of audits or examinations required by State of Federal supervisory authorities to be conducted either by such authorities or by independent accountants by reason of the discovery of loss sustained by the Insured through dishonest or fraudulent acts 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 Coverage; it being understood, however, that such expense shall be deemed to be loss sustained by the Insured through dishonest or fraudulent acts of one or more of the Employees and the liability of the Underwriter under this paragraph of Insuring Agreement (A) shall be part of, and not in addition to, the Single Loss Limit of Liability stated in Item 4 of the Declarations.
2. | Conditions And Limitations, Section 2, Exclusions, subsection (d), is deleted in its entirety and the following is inserted: |
(d) loss resulting directly or indirectly from any acts of any director or trustee of the Insured other than one employed as a salaried, pensioned or elected official or an Employee of the Insured, except when performing acts coming within the scope of the usual duties of an Employee, or while acting as a member of any committee duly elected or appointed by resolution of the board of directors or trustees of the Insured to perform specific, as distinguished from general, directorial acts on behalf of the Insured;
3. | Conditions And Limitations, Section 2, Exclusions, subsection (u), is deleted in its entirety and the following is inserted: |
(u) all fees, costs and expenses incurred by the Insured:
(1) | in establishing the existence of or amount of loss covered under this bond, except to the extent covered under the portion of Insuring Agreement (A) entitled Audit Expense; or |
(2) | as a party to any legal proceeding whether or not such legal proceeding exposes the Insured to loss covered by this bond. |
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-33839 (05/11) | © 2011 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 7 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
RIDER
To be attached to and form part of Financial Institution Bond, Standard Form No. 14 No. G25562823 002
in favor of TPG Specialty Lending, Inc.
It is agreed that:
1. | Those premises of Depositories listed in the following Schedule shall be deemed to be premises of the Insured but only as respects coverage on Certificated Securities: |
SCHEDULE | ||
DEPOSITORY |
LOCATION COVERED | |
ALL DEPOSITORIES USED BY THE INSURED |
2. | Certificated Securities held by such Depository shall be deemed to be Property as defined in the attached bond to the extent of the Insureds interest therein as effected by the making of appropriate entries on the books and records of such Depository. |
3. | The attached bond does not afford coverage in favor of any Depository listed in the Schedule above. When the Underwriter indemnifies the Insured for a loss covered hereunder, the Insured will assign the rights and causes of action to the extent of the claim payment against the Depository, or any other entity or person against whom it has a cause of action, to the Underwriter. |
4. | If the rules of the Depository named in the Schedule above provide that the Insured shall be assessed for a portion of the judgment (or agreed settlement) taken by the Underwriter based upon the assignment set forth in part 3 above and the Insured actually pays such assessment, then the Underwriter will reimburse the Insured for the amount of the assessment but not exceeding the amount of the loss payment by the Underwriter. |
5. | This rider shall become effective as of 12:01 a.m. on 03/08/2016 standard time. |
CENTRAL HANDLING OF SECURITIES FOR USE WITH FINANCIAL INSTITUTION BONDS, STANDARD FORMS NOS. 14, 24 AND 25 TO SCHEDULE THE PREMISES OF DEPOSITORIES. REVISED TO OCTOBER, 1987. |
||||
SR 5967e Printed In U.S.A. | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 8 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
UNAUTHORIZED SIGNATURES
1. | The Section entitled Insuring Agreements is amended to add the following: |
| Unauthorized Signatures |
| Loss resulting directly from the Insured having accepted, paid or cashed any check or withdrawal order 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 file with the Insured as a signatory on such account. It shall be a condition precedent to the Insureds right of recovery under this Coverage that the Insured shall have on file signature of all persons who are signatories on such account. |
The aggregate Limit of Liability on the Unauthorized Signatures Agreement is $100,000, and the deductible is $10,000.
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-33854 (05/11) | © 2011 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 9 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
AMEND DISCOVERY AND NOTICE
It is agreed that the bond is amended as follows:
1. | The first paragraph of General Agreements, Section F, Notice Of Legal Proceedings Against Insured Election To Defend, is deleted in its entirety and the following is inserted: |
The Office of General Counsel, Risk Management Department, or Human Resources Department shall notify the Underwriter at the earliest practicable moment, not to exceed 90 days after notice thereof, of any legal proceeding brought to determine the Insureds liability for any loss, claim or damage, which if established, would constitute a collectible loss under this bond. Concurrently, the Insured shall furnish copies of all pleadings and pertinent papers to the Underwriter.
2. | Conditions And Limitations, Section 3, Discovery, is deleted in its entirety and the following is inserted: |
This bond applies to loss discovered by the Insured during the Bond Period. Discovery occurs when the Office of General Counsel, Risk Management Department, or Human Resources Department becomes aware of facts which would cause a reasonable person to assume that a loss of the type covered by this bond has been or will be incurred, even though the exact amount or details of loss may not then be known.
Discovery also occurs when the Office of General Counsel, Risk Management Department, or Human Resources Department receives notice of an actual or potential claim in which it is alleged that the Insured is liable to a third party under circumstances which, if true, would constitute a loss under this bond.
3. | The first paragraph of Conditions And Limitations, Section 5, Notice/Proof Legal Proceedings Against Underwriter, is deleted in its entirety and the following is inserted: |
(a) | At the earliest practicable moment, not to exceed 90 days after discovery of loss by the Office of General Counsel, Risk Management Department, or Human Resources Department the Insured shall give the Underwriter notice of all such losses which exceed $25,000. |
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-39758 (04/13) | © 2013 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 10 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
CLAIMS EXPENSE
It is agreed that the bond is amended as follows:
1. | Insuring Agreements, is amended to add the following: |
| CLAIMS EXPENSE |
Reasonable expenses necessarily incurred and paid by the Insured in preparing any valid claim for loss as set forth in Insuring Agreements A through F, and any other valid coverage added by endorsement, which loss exceeds the Single Loss Deductible Amount of $50,000. The Underwriters maximum liability for such expenses paid by the Insured in preparing all such claims shall be limited to $50,000.
2. | Conditions And Limitations, Section 2, Exclusions, subsection (u), is deleted in its entirety and the following is inserted: |
(u) | all fees, costs and expenses incurred by the Insured as a party to any legal proceeding whether or not such legal proceeding exposes the Insured to loss covered by this bond. |
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-37674 (05/12) | © 2012 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 11 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
RIDER
To be attached to and form part of Financial Institution Bond, Standard Form No. 14, No. G25562823 002 in favor of TPG Specialty Lending, Inc.
It is agreed that:
1. | The attached bond shall not be canceled as provided in parts (a) and (b) of the Termination or Cancelation Condition, or modified by rider, except after written notice shall have been given by the acting party to the affected party, and to the Securities and Exchange Commission, Washington, D.C., not less than sixty days prior to the effective date of such cancelation or modification. |
2. | This rider shall become effective when the bond becomes effective. |
S.E.C.-SOLE INSURED CANCELATION CLAUSE RIDER
FOR USE WITH FINANCIAL INSTITUTION BOND, STANDARD FORM NO. 14, WHEN
ISSUED TO A REGISTERED MANAGEMENT INVESTMENT COMPANY COVERED AS
A SOLE INSURED, TO COMPLY WITH THE RULES OF THE SECURITIES AND
EXCHANGE COMMISION.
REVISED TO MAY, 2011
Copyright The Surety & Fidelity Association of America, 2011 | ||||
SR 5834d |
FI-A-36 |
Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 12 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
ERISA RIDER
It is agreed that:
Any employee benefit or welfare plan, now existing or hereinafter created or acquired, whether or not required, to be bonded under the Employee Retirement Income Security Act of 1974, as amended.
1. | Employee as used in the attached bond 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 Employees 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. |
2. | If the bond, 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 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. |
3. | In compliance with the foregoing, payment by the Company in accordance with the agreements, limitations and conditions of the bond 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. |
4. | If money or other property of two or more Employee Welfare or Pension Benefit Plans covered under the bond 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. |
5. | 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. |
6. | Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the bond, other than as stated herein. |
7. | This rider is effective as of 12:01 a.m. on 03/08/2016. |
TO COMPLY WITH BONDING REGULATIONS MADE
APPLICABLE TO THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974. NOTE: This rider should not be
used for any insured exempted from the bonding provisions
of the Act.
REVISED TO JUNE, 1990.
By: |
| |
Authorized Representative |
SR 6145b | Printed in U.S.A. | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 13 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
REPRESENTATION OF THE INSURED
It is agreed that General Agreements, Section (D), REPRESENTATION OF INSURED, is deleted in its entirety and the following is inserted:
REPRESENTATION OF INSURED
(D) | The Insured represents that the information furnished in the application for this bond is complete, true and correct. Such application constitutes part of this bond. |
Any intentional misrepresentation, omission, concealment or any incorrect statement of a material fact, in the application or otherwise, shall be grounds for the rescission of this bond.
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-37678 (05/12) | © 2012 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 14 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
RIDER
To be attached to and form part of Financial Institution Bond, Standard Form No. 14, No. G25562823 002
in favor of TPG Specialty Lending, Inc.
It is agreed that:
1. | The attached bond is hereby amended by adding an additional Insuring Agreement as follows: |
(G) Loss resulting directly from the fact that an issuer of securities, transfer agent, bank, banker or trust company received from the Insured or the New York Stock Exchange specimen copies of the Insureds mechanically reproduced facsimile signature and acted in reliance upon any false, fraudulent or unauthorized reproduction of such facsimile signature, whether such facsimile signature is the facsimile signature duly adopted by the Insured or is one resembling or purporting to be such facsimile signature, regardless of by whom or by what means the same may have been imprinted, and whether or not such loss is sustained by reason of the Insureds having entered into an agreement to be legally liable when such facsimile signature or one resembling or purporting to be such facsimile signature is used, provided, however, that
(a) | such facsimile signature is used on a document |
(1) | as the signature to an assignment or other instrument authorizing or effecting the transfer of shares of stock, or other registered securities, which may now or at any time hereafter be registered in the name of the insured on the books of the association, company or corporation issuing the same; or |
(2) | as the signature to a power of substitution, designating a substitute or substitutes to make the actual transfer on the books of the issuer of shares of stock, or other registered securities, in respect of which the insured may now or at any time hereafter be named as attorney to effect said transfer, whether said power of substitution is embodied in an endorsement on the certificate for said shares of stock or other registered security or in a separate instrument; |
(b) | the New York Stock Exchange has not interposed any objections to the use by the Insured of such facsimile signature and such agreement, if any, was required by the said Exchange as a condition to its failing to interpose any such objection; and |
(c) | this Insuring Agreement (G) shall not apply to any Certificated Securities which are Counterfeit. |
2. | Sub-sections (a) and (e) of Section 2 of the attached bond shall not apply to Insuring Agreement (G). |
3. | This rider shall become effective as of 12:01 a.m. on 03/08/2016. |
INSURING AGREEMENT (G) RIDER FOR USE WITH FINANCIAL INSTITUTION BOND, STANDARD FORM NO. 14, WHEN ISSUED TO AN ELIGIBLE INSURED TO ADD INSURING AGREEMENT (G) TO PERMIT THE USE OF FACSIMILE SIGNATURES AS THE SIGNATURE TO AN ASSIGNMENT OR TO A POWER OF SUBSTITUTION.
REVISED TO NOVEMBER, 1988. | ||||
SR 5907a Printed In the U.S.A. | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 15 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
UNCERTIFICATED SECURITIES
It is agreed that the bond is amended as follows:
1. | Insuring Agreements, Section (E) SECURITIES, Item (1) (e), is deleted in its entirety and the following is inserted: |
(e) | Statement of Uncertificated Security in any book entry form. |
2. | Conditions And Limitations, Section 2, Exclusions, subsection (w) is deleted in its entirety. |
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-37679 (05/12) | © 2012 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 16 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
AMEND DEFINITION OF EMPLOYEE
It is agreed that Section 1, Definitions, subsection (e), Employee, of the Conditions and Limitations, is amended to add the following:
Employee also means:
x | Any natural person retained as a consultant of the Insured and supervised by the Insured under written contract with the Insured. |
x | Any person set forth in (1) through (6) above, who resigned, retires or is terminated from service of the Insured during the Bond period. Provided that this extension applies only: |
(i) | for a period of 60 days subsequent to such resignation, retirement or termination; and |
(ii) | if such resignation, retirement or termination has not arisen from or in connection with the discovery by the Insured of any actual or alleged dishonest, fraudulent or criminal act(s) of such person. |
x | Employees on Leave or Military Service. |
x | Guest Students. |
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-39751 (04/13) | © 2013 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 17 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
OMNIBUS NAMED INSURED
It is agreed that Item 1 of the Declarations is deleted in its entirety and the following is inserted:
Item 1. Name of Insured (herein called Insured): TPG Specialty Lending, Inc., Subject to the provisions of General Agreement B, as amended, Insured also means: (i) any subsidiary, joint venture, limited liability company, limited partnership, or general partnership, in which 50% or more of the voting interests are owned directly or indirectly by TPG Specialty Lending, Inc., and only while such interest existed or continues to exist; and, (ii) any employee benefit or welfare plan sponsored by the Insured now existing or hereafter created or acquired, that is required to be bonded under the Employee Retirement Income Security Act of 1974, as amended, so long as the Insured sponsors such plan.
Principal Address: | 301 Commerce Street, Suite 3300 |
Fort Worth, TX 76102
All other terms and conditions of this bond remain unchanged.
|
Authorized Representative |
PF-39759 (04/13) | © 2013 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 18 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
PRIVACY EXCLUSIONS
It is agreed that the Bond is amended as follows:
1. | Conditions And Limitations, section 2, Exclusions, is amended to add the following: |
| loss resulting from the theft, disappearance, or destruction of, or access to, or disclosure or use of, or purported use or disclosure of, the Insureds or another persons or entitys confidential or personal information including, but not limited to, patents, trade secrets, processing methods, customer lists, financial information, personal customer information, a customers personally identifiable financial information, credit card information, health information or any other type of nonpublic information, or intellectual property, whether such information is owned by the Insured or held by the Insured in any capacity including concurrently with another person. |
| loss resulting from the theft, disappearance, or destruction of, or access to, or use or disclosure of, or purported use or disclosure of, credit, debit, charge, access, convenience, identification, stored-value or other cards or the information contained on such cards. |
| fees, costs, fines, penalties and other expenses incurred by an Insured arising out of the theft, disappearance, or destruction of, or access to, or disclosure or use of, or purported use or disclosure of, the Insureds or another persons or entitys confidential or person information including, but not limited to, patents, trade secrets, processing methods, customer lists, financial information, personal customer information, a customers personally identifiable financial information, credit card information, health information or any other type of nonpublic information, or intellectual property, whether such information is owned by the Insured or held by the Insured in any capacity including concurrently with another person. |
| expenses related to the Insureds obligations to comply with federal and state privacy laws and Payment Card Industry Data Security Standards (if applicable) arising from a data security breach, including, but not limited to, forensic audit expenses, fines, penalties and expenses related to notifying affected individuals when the affected individuals personally identifiable financial or medical information was stolen, accessed, downloaded or misappropriated while in the Insureds care, custody or control. |
2. | Conditions And Limitations, is amended to add the following: |
Notwithstanding anything in this Bond to the contrary, including but not limited to any Insuring Agreement or endorsement providing for any coverage whatsoever for fees, costs or expenses, in no event shall there be any coverage under this Bond for fees, costs and expenses arising out of the theft, disappearance, or destruction of, or access to, or disclosure or use of, or purported use or disclosure of, the Insureds or another persons or entitys confidential or person information including, but not limited to, patents, trade secrets, processing methods, customer lists, financial information, personal customer information, a customers personally identifiable financial information, credit card information, health information or any other type of nonpublic information, or intellectual property, whether such information is owned by the Insured or held by the Insured in any capacity including concurrently with another person.
All other terms and conditions of this policy remain unchanged.
|
Authorized Representative |
PF-42750 (07/14) FI Bonds 14 & 24 |
© 2014 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 19 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
AMEND DEDUCTIBLE AMOUNT
It is agreed that Section 11., DEDUCTIBLE AMOUNT, of the attached bond is amended to include the following:
There shall be no Single Loss Deductible amount applicable to any loss under Insuring Agreement (A), Employee Dishonesty, sustained by any business development company in compliance with Section 54 of the Investment Company Act of 1940.
All other terms and conditions of this Bond remain unchanged.
|
Authorized Representative |
MS-47981 (03/16) | © 2016 | Page 1 of 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured TPG Specialty Lending, Inc. |
Endorsement Number 20 | |||||
Policy Symbol DON |
Policy Number G25562823 002 |
Policy Period 03/08/2016 to 03/08/2017 |
Effective Date of Endorsement 03/08/2016 | |||
Issued By (Name of Insurance Company) ACE American Insurance Company |
TRADE OR ECONOMIC SANCTIONS ENDORSEMENT
This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims.
All other terms and conditions of the policy remain unchanged.
|
Authorized Agent |
ALL-21101 (11/06) Ptd. in U.S.A. | Page 1 of 1 |
ACE Producer Compensation
Practices & Policies
ACE believes that policyholders should have access to information about ACEs practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at http://www.aceproducercompensation.com or by calling the following toll-free telephone number: 1-866-512-2862.
ALL-20887 (10/06) |
|
U.S. Treasury Departments Office Of Foreign Assets Control (OFAC) Advisory Notice to Policyholders |
This Policyholder Notice shall not be construed as part of your policy and no coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.
This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of national emergency. OFAC has identified and listed numerous:
| Foreign agents; |
| Front organizations; |
| Terrorists; |
| Terrorist organizations; and |
| Narcotics traffickers; |
as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasurys web site http//www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply.
PF-17914 (2/05) | Reprinted, in part, with permission of | Page 1 of 1 | ||
ISO Properties, Inc. |