INVESTMENT COMPANY BOND
GREAT AMERICAN INSURANCE COMPANY
(A Stock Insurance Company, Herein Called the Underwriter)
DECLARATIONS
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Bond No. 048-38-11 - 00
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Item 1. Name of Insured (herein called Insured): Cambria ETF
Trust
Principal Address:
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2321 Rosecrans Avenue, Suite 3225
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El Segundo, CA 90245
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Item 2. Bond Period from 12:01 a.m. 05/06/2013 to 12:01 a.m.
05/06/2014 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,
Amount applicable to
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Limit of Liability
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Deductible
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Insuring Agreement (A)-FIDELITY
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$
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400,000
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$
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0
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Insuring Agreement (B)-ON PREMISES
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$
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400,000
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$
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10,000
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Insuring Agreement (C)-IN TRANSIT
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$
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400,000
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$
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10,000
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Insuring Agreement (D)-FORGERY OR ALTERATION
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$
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400,000
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$
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10,000
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Insuring Agreement (E)-SECURITIES
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$
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400,000
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$
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10,000
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Insuring Agreement (F)-COUNTERFEIT CURRENCY
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$
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400,000
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$
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10,000
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Insuring Agreement (G)-STOP PAYMENT
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$
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100,000
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$
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5,000
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Insuring Agreement (H)-UNCOLLECTIBLE ITEMS OF DEPOSIT
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$
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100,000
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$
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5,000
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Insuring Agreement (I)-AUDIT EXPENSE
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$
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100,000
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$
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5,000
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Insuring Agreement (J)-TELEFACSIMILE TRANSMISSIONS
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$
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400,000
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$
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10,000
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Insuring Agreement (K)-UNAUTHORIZED SIGNATURES
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$
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100,000
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$
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5,000
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Optional Insuring Agreements and Coverages
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Insuring Agreement (L)-COMPUTER SYSTEMS
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$
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400,000
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$
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10,000
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Insuring Agreement (M)-AUTOMATED PHONE SYSTEMS
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Not Covered
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N/A
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If “Not Covered” is inserted above opposite
any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any other reference thereto in this bond
shall be deemed to be deleted therefrom.
Item 4. Offices or Premises Covered-Offices acquired or established
subsequent to the effective date of this bond are covered according to the terms of General Agreement A. All the Insured’s
offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises
located as follows: N/A
Item 5. The liability of the Underwriter is subject to the terms
of the following riders attached hereto:
Riders No. 1, 2, 3 and 4
Item 6. The Insured by the acceptance of this bond gives to
the Underwriter terminating or cancelling prior bond(s) or policy(ies) No.(s) N/A such termination or cancellation to be effective
as of the time this bond becomes effective.
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By: ”/S/ Frank J. Scheckton, Jr.”
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(Authorized Representative)
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INVESTMENT COMPANY 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 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
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.
Loss of Property (occurring with or without
negligence or violence) through robbery, burglary, Larceny, theft, holdup, or other fraudulent means, misplacement, mysterious
unexplainable disappearance, damage thereto or destruction thereof, abstraction or removal from the possession, custody or control
of the Insured, and loss of subscription, conversion, redemption or deposit privileges through the misplacement or loss of Property,
while the Property is (or is supposed or believed by the Insured to be) lodged or deposited within any offices or premises located
anywhere, except in an office listed in Item 4 of the Declarations or amendment thereof or in the mail or with a carrier for hire
other than an armored motor vehicle company, for the purpose of transportation.
Offices and Equipment
(1) Loss
of or damage to furnishings, fixtures, stationary, supplies or equipment, within any of the Insured’s offices covered under
this bond caused by Larceny or theft in, or by burglary, robbery or hold-up of such office, or attempt thereat, or by vandalism
or malicious mischief; or
(2) loss through damage to any such office by Larceny or theft
in, or by burglary, robbery or hold-up of such office or attempt thereat.
Loss of Property (occurring with or without
negligence or violence) through robbery, Larceny, theft, hold-up, misplacement, mysterious unexplainable disappearance, being lost
or otherwise made away with, damage thereto or destruction thereof, and loss of subscription, conversion, redemption or deposit
privileges through the misplacement or loss of Property, while the Property is in transit anywhere in the custody of any person
or persons acting as messenger, except while in the mail or with a carrier for hire, other than an armored motor vehicle company,
for the purpose of transportation, such transit to begin immediately upon receipt of such Property by the transporting person or
persons, and to end immediately upon delivery thereof at destination.
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(D)
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FORGERY OR ALTERATION
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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 stock-broker 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.
Loss sustained by the Insured, including
loss sustained by reason of a violation of the constitution, by-laws, rules or regulations of any Self Regulatory Organization
of which the Insured is a member or which would have been imposed upon the Insured by the constitution, by-laws, rules or regulations
of any Self Regulatory Organization if the Insured had been a member thereof,
(1) through
the Insured’s having, in good faith and in the course of business, whether for its own account or for the account of others,
in any representative, fiduciary, agency or any other capacity, either gratuitously or otherwise, purchased or otherwise acquired,
accepted or received, or sold or delivered, or given any value, extended any credit or assumed any liability, on the faith of,
or otherwise acted upon, any securities, documents or other written instruments which prove to have been
(a) counterfeited,
or
(b) forged
as to the signature of any maker, drawer, issuer, endorser, assignor, lessee, transfer agent or registrar, acceptor, surety or
guarantor or as to the signature of any person signing in any other capacity, or
(c) raised
or otherwise altered, or lost, or stolen, or
(2) through
the Insured’s having, in good faith and in the course of business, guaranteed in writing or witnessed any signatures whether
for valuable consideration or not and whether or not such guaranteeing or witnessing is ultra vires the Insured, upon any transfers,
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 (D) hereof.
Securities, documents or other written instruments
shall be deemed to mean original (including original counterparts) negotiable or non-negotiable agreements which in and of themselves
represent an equitable interest, ownership, or debt, including an assignment thereof which instruments are in the ordinary course
of business, transferable by delivery of such agreements with any necessary endorsement or assignment.
The word “counterfeited” as
used in this Insuring Agreement shall be deemed to mean any security, document or other written instrument which is intended to
deceive and to be taken for an original.
Mechanically reproduced facsimile signatures
are treated the same as handwritten signatures.
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.
Loss against any and all sums which the
Insured shall become obligated to pay by reason of the Liability imposed upon the Insured by law for damages:
For having either complied with or failed
to comply with any written notice of any customer, shareholder or subscriber of the Insured or any Authorized Representative of
such customer, shareholder or subscriber to stop payment of any check or draft made or drawn by such customer, shareholder or subscriber
or any Authorized Representative of such customer, shareholder or subscriber, or
For having refused to pay any check or draft
made or drawn by any customer, shareholder or subscriber of the Insured, or any Authorized Representative of such customer, shareholder
or subscriber.
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(H)
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UNCOLLECTIBLE ITEMS OF DEPOSIT
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Loss resulting from payments of dividends
or fund shares, or withdrawals permitted from any customer’s, shareholder’s or subscriber’s account based upon
Uncollectible items of Deposit of a customer, shareholder or subscriber credited by the Insured or the Insured’s agent to
such customer’s, shareholder’s or subscriber’s Mutual Fund Account: or
loss resulting from 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 Great
American Insurance Company of Cincinnati, OH 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).
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.
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(J)
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TELEFACSIMILE TRANSMISSIONS
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Loss resulting by reason of the Insured
having transferred, paid or delivered any funds or Property, established any credit, debited any account, or given any value relying
on any fraudulent instructions sent by a customer or financial institution by Telefacsimile Transmission directed to the Insured,
authorizing or acknowledging the transfer, payment, or delivery of funds or property, the establishment of a credit, debiting of
any account, or the giving of value by the Insured, but only if such telefacsimile instructions:
(i) bear
a valid test key exchanged between the Insured and a customer or another financial institution with authority to use such test
key for Telefacsimile instructions in the ordinary course of business, but which test key has been wrongfully obtained by a person
who was not authorized to initiate, make, validate or authenticate a test key arrangement; and
(ii) fraudulently
purport to have been sent by such customer or financial institution, but which telefacsimile instructions are transmitted without
the knowledge or consent of such customer or financial institution by a person other than such customer or financial institution
and which bear a forged signature.
“Telefacsimile” means a system
of transmitting written documents by electronic signals over telephone lines to equipment maintained by the Insured within its
communication room for the purposes of reproducing a copy of said document. It does not mean electronic communication sent by
Telex, TWC, or electronic mail, or Automated Clearing House.
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(K)
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UNAUTHORIZED SIGNATURES
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Loss resulting directly from the Insured
having accepted, paid or cashed any check or withdrawal order, draft, made or drawn on a customer’s account which bears the
signature or endorsement of one other than a person whose name and signature is on the application on file with the Insured as
a signatory on such account.
It shall be a condition precedent to the
Insured’s right to recovery under this Insuring Agreement that the Insured shall have on file signatures of all persons who
are authorized signatories on such account.
GENERAL AGREEMENTS
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(A)
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ADDITIONAL OFFICES OR EMPLOYEES-CONSOLIDATION OR MERGER-NOTICE
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(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.
No statement made by or on behalf of the Insured, whether contained
in the application or otherwise, shall be deemed to be a warranty of anything except that it is true to the best of the knowledge
and belief of the person making the statement.
(C) COURT
COSTS AND ATTORNEYS’ FEES (Applicable to all Insuring Agreements or Coverages now or hereafter forming part of this bond)
The Underwriter will Indemnify the Insured against court costs
and reasonable attorneys’ fees incurred and paid by the Insured in defense, whether or not successful, whether or not fully
litigated on the merits and whether or not settled of any suit or legal proceeding brought against the Insured to enforce the Insured’s
liability or alleged liability on account of any loss, claim or damage which, if established against the Insured, would constitute
a loss sustained by the Insured covered under the terms of this bond provided, however, that with respect to Insuring Agreement
(A) this indemnity shall apply only in the event that
(1) an
Employee admits to being guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement; or
(2) an
Employee is adjudicated to be guilty of any dishonest or fraudulent act(s), including Larceny or Embezzlement;
(3) in
the absence of (1) or (2) above an arbitration panel agrees, after a review of an agreed statement of facts, that an Employee would
be found guilty of dishonesty if such Employee were prosecuted.
The Insured shall promptly give notice to
the Underwriter of any such suit or legal proceeding and at the request of the Underwriter shall furnish it with copies of all
pleadings and other papers therein. At the Underwriter’s election the Insured shall permit the Underwriter to conduct the
defense of such suit or legal proceeding, in the Insured’s name, through attorneys of the Underwriter’s selection.
In such event, the Insured shall give all reasonable information and assistance which the Underwriter shall deem necessary to the
proper defense of such suit or legal proceeding.
If the Insured’s liability or alleged
liability is greater than the amount recoverable under this bond, or if a Deductible Amount is applicable, the liability of the
Underwriter under this General Agreement is limited to that percentage of litigation expense determined by pro ration of the bond
limit of liability to the amount claimed, after the application of any deductible. This litigation expense will be in addition
to the Limit of Liability for the applicable Insuring Agreement.
Acts of Employee, as defined in this bond,
are covered under Insuring Agreement (A) only while the Employee is in the Insured’s employ. Should loss involving a former
Employee of the Insured be discovered subsequent to the termination of employment, coverage would still apply under Insuring Agreement
(A) if the direct proximate cause of the loss occurred while the former Employee performed duties within the scope of his/her
employment.
THE FOREGOING INSURING AGREEMENTS AND
GENERAL AGREEMENTS ARE SUBJECT TO
THE FOLLOWING CONDITIONS AND
LIMITATIONS:
SECTION 1. DEFINITIONS
The following terms, as used in this bond,
shall have the respective meanings stated in this Section:
(a) “Employee”
means:
(1) any
of the Insured’s officers, partners, or employees, and
(2) any
of the officers or employees of any predecessor of the Insured whose principal assets are acquired by the Insured by consolidation
or merger with, or purchase of assets of 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 Insured’s offices, and
(5) directors
or trustees of the Insured, the investment advisor, underwriter (distributor), transfer agent, or shareholder accounting record
keeper, or administrator authorized by written agreement to keep financial and/or other required records, but only while performing
acts coming within the scope of the usual duties of an officer or employee or while acting as a member of any committee duly elected
or appointed to examine or audit or have custody of or access to the Property of the Insured, and
(6) any
individual or individuals assigned to perform the usual duties of an employee within the premises of the Insured by contract, or
by any agency furnishing temporary personnel on a contingent or part-time basis, and
(7) each
natural person, partnership or corporation authorized by written agreement with the Insured to perform services as electronic
data processor of checks or other accounting records of the Insured, but excluding any such processor who acts as transfer agent
or in any other agency capacity in issuing checks, drafts or securities for the Insured, unless included under Sub-section (9)
hereof, and
(8) those
persons so designated in section 15, Central Handling of Securities, and
(9) any
officer, partner or Employee of
a) an
investment advisor,
b) an underwriter (distributor),
c) a transfer agent or shareholder accounting record-keeper,
or
d) an administrator authorized by written agreement to
keep financial and/or other required records, for an Investment Company, named as Insured while performing acts coming within the
scope of the usual duties of an officer or Employee of any Investment Company named as Insured herein, or while acting as a member
of any committee duly elected or appointed to examine or audit or have custody of or access to the Property of any such Investment
Company, provided that only Employees or partners of a transfer agent, shareholder accounting record-keeper or administrator which
is an affiliated person as defined in the Investment Company Act of 1940, of an Investment Company named as Insured or is an affiliated
person of the adviser, underwriter or administrator of such Investment Company, and which is not a bank, shall be included within
the definition of Employee.
Each employer of temporary personnel or
processors as set forth in Sub-Sections (6) and (7) of Section 1 (a) and their partners, officers and employees shall collectively
be deemed to be one person for all the purposes of this bond, excepting, however, the last paragraph of Section 13.
Brokers,
or other agents under contract or representatives of the same general character shall not be considered Employees.
(b) “Property”
means money (i.e. currency, coin, bank notes, Federal Reserve notes), postage and revenue stamps, U.S. Savings Stamps, bullion,
precious metals of all kinds and in any form and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious
and semi-precious stones, bonds, securities, evidences of debts, debentures, scrip, certificates, interim receipts, warrants,
rights, puts, calls, straddles, spreads, transfers, coupons, drafts, bills of exchange, acceptances, notes, checks, withdrawal
orders, money orders, warehouse receipts, bills of lading, conditional sales contracts, abstracts of title, insurance policies,
deeds, mortgages under real estate and/or chattels and upon interests therein, and assignments of such policies, mortgages and
instruments, and other valuable papers, including books of account and other records used by the Insured in the conduct of its
business, and all other instruments similar to or in the nature of the foregoing including Electronic Representations of such
Instruments enumerated above (but excluding all data processing records) in which the Insured has an interest or in which the
Insured acquired or should have acquired an interest by reason of a predecessor’s declared financial condition at the time
of the Insured’s consolidation or merge 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 the intent to deceive; it does not include the signing of one’s own name with
or without authority, in any capacity, or 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.
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), (D), (E) or (F).
(b) loss
due to riot or civil commotion outside the United States of America and Canada; or loss due to military, naval or usurped power,
war or insurrection unless such loss occurs in transit in the circumstances recited in Insuring Agreement (D), and unless, when
such transit was initiated, there was no knowledge of such riot, civil commotion, military, naval or usurped power, war or insurrection
on the part of any person acting for the Insured in initiating such transit.
(c) loss,
in time of peace or war, directly or indirectly caused by or resulting from the effects of nuclear fission or fusion or radioactivity;
provided, however, that this paragraph shall not apply to loss resulting from industrial uses of nuclear energy.
(d) loss
resulting from any wrongful act or acts of any person who is a member of the Board of Directors of the Insured or a member of any
equivalent body by whatsoever name known unless such person is also an Employee or an elected official, partial owner or partner
of the Insured in some other capacity, nor, in any event, loss resulting from the act or acts of any person while acting in the
capacity of a member of such Board or equivalent body.
(e) loss
resulting from the complete or partial nonpayment of, or default upon, any loan or transaction in the nature of, or amounting
to, a loan made by or obtained from the Insured or any of its partners, directors or Employees, whether authorized or unauthorized
and whether procured in good faith or through trick, artifice, fraud or false pretenses, unless such loss is covered under Insuring
Agreement (A), (E) or (F).
(f) loss resulting from any violation by the Insured or by any
Employee
(1) of
law regulating (a) the issuance, purchase or sale of securities, (b) securities transactions upon Security Exchanges or over the
counter market, (c) Investment Companies, or (d) Investment Advisors, or
(2) of
any rule or regulation made pursuant to any such law.unless such loss, in the absence of such laws, rules or regulations, would
be covered under Insuring Agreements (A) or (E).
(g) loss
of Property or loss of privileges through the misplacement or loss of Property as set forth in Insuring Agreement (C) or (D) while
the Property is in the custody of any armored motor vehicle company, unless such loss shall be in excess of the amount recovered
or received by the Insured under (a) the Insured’s contract with said armored motor vehicle company, (b) insurance carried
by said armored motor vehicle company for the benefit of users of its service, and (c) all other insurance and indemnity in force
in whatsoever form carried by or for the benefit of users of said armored motor vehicle company’s service, and then this
bond shall cover only such excess.
(h) potential
income, including but not limited to interest and dividends, not realized by the Insured because of a loss covered under this bond,
except as included under Insuring Agreement (I).
(i) all
damages of any type for which the Insured is legally liable, except direct compensatory damages arising from a loss covered under
this bond.
(j) loss
through the surrender of Property away from an office of the Insured as a result of a threat
(1) to
do bodily harm to any person, except loss of Property in transit in the custody of any person acting as messenger provided that
when such transit was initiated there was no knowledge by the Insured of any such threat, or
(2) to
do damage to the premises or Property of the Insured, except when covered under Insuring Agreement (A).
(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 (I).
(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 Insured’s rights and causes of action as it may have against such
Employers by reason of such acts so committed shall, to the extent of such payment, be given by the Insured to the Underwriter,
and the Insured shall execute all papers necessary to secure to the Underwriter the rights herein provided for.
SECTION 4. LOSS-NOTICE-PROOF-LEGAL PROCEEDINGS
This bond is for the use and benefit only
of the Insured named in the Declarations and the Underwriter shall not be liable hereunder for loss sustained by anyone other
than the Insured unless the Insured, in its sole discretion and at its option, shall include such loss in the Insured’s
proof of loss. At the earliest practicable moment after discovery of any loss hereunder the Insured shall give the Underwriter
written notice thereof and shall also within six months after such discovery furnish to the Underwriter affirmative proof of loss
with full particulars. If claim is made under this bond for loss of securities or shares, the Underwriter shall not be liable
unless each of such securities or shares is identified in such proof of loss by a certificate or bond number or, where such securities
or shares are uncertificated, by such identification means as agreed to by the Underwriter. The Underwriter shall have thirty
days after notice and proof of loss within which to investigate the claim, and this shall apply notwithstanding the loss is made
up wholly or in part of securities of which duplicates may be obtained. Legal proceedings for recovery of any loss hereunder shall
not be brought prior to the expiration of sixty days after such proof of loss is filed with the Underwriter nor after the expiration
of twenty-four months from the discovery of such loss, except that any action or 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, stationary, 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 or replacement or repair, such shall be determined by arbitration.
SECTION 7. LOST SECURITIES
If the Insured shall sustain a loss of securities
the total value of which is in excess of the limit stated in Item 3 of the Declarations of this bond, the liability of the Underwriter
shall be limited to payment for, or duplication of, securities having value equal to the limit stated in Item 3 of the Declarations
of this bond.
If the Underwriter shall make payment to
the Insured for any loss of securities, the Insured shall thereupon assign to the Underwriter all of the Insured’s rights,
title and 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 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 form
(a) any
one act of burglary, robbery or hold-up, 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 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 NONACCUMULATION 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 90 days after the receipt
of such written notice by each Investment Company named as Insured and the Securities and Exchange Commission, Washington, D.C.
The Insured may terminate this bond as an entirety by furnishing written notice to the Underwriter. When the Insured cancels,
the Insured shall furnish written notice to the Securities and Exchange Commission, Washington, D.C. prior to 90 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 90 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,
(other than a registered management investment company), 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.
This Bond will terminate as to any registered
management investment company upon the expiration of 90 days after written notice has been given to the Securities and Exchange
Commission, Washington, D.C.
The Underwriter shall refund the unearned
premium computed as 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 and upon the expiration of ninety (90) days after written
notice has been given to the Securities and Exchange Commission, Washington, D.C. (See Section 16[d]) and to the Insured Investment
Company, or
(b) as
to any Employee 90 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 of 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 if desires under this bond an additional period of 12 months within which to discover loss sustained by the Insured prior
to the effective date of such termination or cancellation and shall pay an additional premium therefor.
Upon receipt of such notice from the Insured,
the Underwriter shall give its written consent thereto: provided, however, that such additional period of time shall terminate
immediately;
(a) on
the effective date of any other insurance obtained by the Insured, its successor in business or any other party, replacing in whole
or in part the insurance afforded by this bond, whether or not such other insurance provides coverage for loss sustained prior
to its effective date, or
(b) upon
takeover of the Insured’s business by any State or Federal official or agency, or by any receiver or liquidator, acting or
appointed for this purpose without the necessity of the Underwriter giving notice of such termination. In the event that such additional
period of time is terminated, as provided above, the Underwriter shall refund any unearned premium.
The right to purchase such additional period
for the discovery of loss may not be exercised by any State or Federal official or agency, or by any receiver or liquidator, acting
or appointed to take over the Insured’s 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 Insured’s 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 Exchange and
Philadelphia Stock Exchange, hereinafter called Exchanges, and
of the above named Corporations, and of any nominee in whose name is registered any security included within the systems for the
central handling of securities established and maintained by such Corporations, and any employee 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 if insurance indemnifying
such Corporations, against such loss(es), and then the Underwriter shall be liable hereunder only for the Insured’s share
of such excess loss(es), but in no event for more than the Limit of Liability applicable hereunder.
For the purpose of determining the Insured’s
share of excess loss(es) it shall be deemed that the Insured has an interest in any certificate representing any security included
within such systems equivalent to the interest the Insured then has in all certificates representing the same security included
within such systems and that such Corporation shall use their best judgment in apportioning the amount(s) recoverable or recovered
under any bond or policy of insurance indemnifying such Corporations against such loss(es) in connection with the central handling
of securities within such systems among all those having an interest as recorded by appropriate entries in the books and records
of such Corporations in Property involved in such loss(es) on the basis that each such interest shall share in the amount(s) so
recoverable or recovered in the ratio that the value of each such interest bears to the total value of all such interests and that
the Insured’s share of such excess loss(es) shall be the amount of the Insured’s interest in such Property in excess
of the amount(s) so apportioned to the Insured by such Corporations.
This bond does not afford coverage in favor
of such Corporations or Exchanges or any nominee in whose name is registered any security included within the systems for the central
handling of securities established and maintained by such Corporations, and upon payment to the Insured by the Underwriter on account
of any loss(Es) within the systems, an assignment of such of the Insured’s rights and causes of action as it may have against
such Corporations or Exchanges shall to the extent of such payment, be given by the Insured to the Underwriter, and the Insured
shall execute all papers necessary to secure 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 purpose of Section 4 and
Section 13 of this bond constitute knowledge or discovery by all the Insured, and
(e) if
the first named Insured ceases for any reason to be covered under this bond, then the Insured next named shall thereafter be considered
as the first named Insured for the purposes of this bond.
SECTION 17. NOTICE AND CHANGE OF CONTROL
Upon the Insured’s 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.
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 Underwriter’s Authorized Representative. When a bond covers
only one Investment Company no change or modification which would adversely affect the rights of the Investment Company shall be
effective prior to 60 days after written notification has been furnished to the Securities and Exchange Commission, Washington,
D. C. by the Insured or by the Underwriter. If more than one Investment Company is named as the Insured herein, the Underwriter
shall give written notice to each Investment Company and to the Securities and Exchange Commission, Washington, D.C. not less than
60 days prior to the effective date of any change or modification which would adversely affect the rights of such Investment Company.
IN WITNESS WHEREOF, the Underwriter has caused this bond to
be executed on the Declarations Page.
RIDER NO. 1
JOINT INSURED LIST
To be attached to and form part of Bond No. 048-38-11 - 00
In favor of Cambria ETF Trust
It is agreed that:
1. At the request of the Insured, the Underwriter adds to the
list of Insured under the attached bond the following:
Cambria ETF Trust
Cambria Global Income and Currency Strategies
ETF
Cambria Shareholder Yield ETF
Cambria Foreign Shareholder Yield ETF
Cambria Emerging Shareholder Yield ETF
2. This rider shall become effective as of 12:01 a.m. on 05/06/2013
standard time.
RIDER NO. 2
INSURING AGREEMENT L
To be attached to and form part of Investment Company Bond
Bond No. 048-38-11 - 00
in favor of Cambria ETF Trust
It is agreed that:
1. The
attached bond is amended by adding an additional Insuring Agreement as follows:
COMPUTER SYSTEMS
Loss resulting directly from a fraudulent
(1) entry
of data into, or
(2) change
of data elements or programs within a Computer System; provided that 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
instruction or advices having been transmitted to the Insured or its agent(s) by telephone;
and provided further, the fraudulent entry or change is made
or caused by an individual acting with the manifest intent to:
(i) cause
the Insured or its agent(s) to sustain a loss, and
(ii) obtain
financial benefit for that individual or for other persons intended by that individual to receive a financial benefit,
(iii) 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).
(4) It shall be a condition to recovery under the Computer Systems
Rider that the Insured or its agent(s) shall to the best of their ability electronically record all voice instructions or advices
received over the telephone. The Insured or its agent(s) warrant that they shall make their best efforts to maintain the electronic
recording system on a continuous basis. Nothing, however, in this Rider shall bar the Insured from recovery where no recording
is available because of mechanical failure of the device used in making such recording, or because of failure of the media used
to record a conversation from any cause, or error or omission of any Employee(s) or agent(s) of the Insured.
SCHEDULE OF SYSTEMS
Any System Utilized by the Insured
2. As
used in this Rider, Computer System means:
(a) computers with related peripheral components,
including storage components, wherever located,
(b) systems
and applications software,
(c) terminal
devices,
(d) related
communication networks or customer communication systems, and
(e) related
Electronic Funds Transfer Systems,by which data are electronically collected, transmitted, processed, stored, and retrieved.
3. In
addition to the exclusion in the attached bond, the following exclusions are applicable to this Insuring Agreement:
(a) loss resulting directly or indirectly from the theft of
confidential information, material or data: and
(b) loss resulting directly or indirectly from entries or changes
made by an individual authorized to have access to a Computer System who acts in good faith on instructions, unless such instructions
are given to that individual by a software contractor (or by a partner, officer or employee thereof) authorized by the Insured
to design, develop, prepare, supply service, write or implement programs for the Insured’s Computer System.
4. The
following portions of the attached bond are not applicable to this Rider:
(a) the initial paragraph of the bond preceding the Insuring
Agreements which reads “...at any time but discovered during the Bond Period.”
(b) Section 9-NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY
AND TOTAL LIABILITY
(c) Section 10-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. All
loss or series of losses involving the fraudulent activity of one individual, or involving fraudulent activity in which one individual
is implicated, whether or not that individual is specifically identified, shall be treated as one loss. A series of losses involving
unidentified individuals but arising from the same method of operation may be deemed by the Underwriter to involve the same individual
and in that event shall be treated as one loss.
7. The
Limit of Liability for the coverage provided by this Rider shall be $400,000.
8. The
Underwriter shall be liable hereunder for the amount by which one loss shall be in excess of $10,000 (herein called the Deductible
Amount) but not in excess of the Limit of Liability stated above.
9. 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.
10. 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 canceling the bond as an entirety:
(a) 90
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.
The Underwriter shall refund to the Insured the unearned premium
for this coverage under this Rider. The refund shall be computed at short rates if this Rider is terminated or cancelled or reduces
by notice from, or at the insistence of the Insured.
11. Section
4-LOSS-NOTICE-PROOF-LEGAL PROCEEDING 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 Recording of such Voice Instructions of advices.”
12. 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 is excluded from coverage under this bond; and the Insured agrees to make claim for such loss under its separate
Policy.
13. This
rider shall become effective as of 12:01 a.m. on 05/06/2013 standard time.
RIDER NO. 3
To be attached to and form part of Investment Company Bond,
Bond No.
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048-38-11 - 00
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In favor of
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Cambria ETF Trust
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It is agreed that:
1. If the Insured shall, while this Bond is in force, establish
any new funds other than by consolidation or merger with, purchase or acquisition of assets or liabilities of another institution,
such funds shall automatically be covered, hereunder from the date of such establishment without the payment of additional premium
for the remainder of the Bond Period.
2. Notice of any newly established funds during the Bond Period
are to be made to the Underwriter at the earliest practicable moment and prior to the expiration date of the attached Bond.
3. If the Insured shall, while this Bond is in force, require
an increase in the Limit of Liability of Insuring Agreement (A) – Fidelity in order to comply with the Securities and Exchange
Commission Rule 17g-1 of the Investment Company Act of 1940 (17 Code of Federal Regulations § 270.17g-1) due to an increase
in asset size of the currently named funds or via the addition of newly established funds by the Insured under the Bond , such
increase in the Limit of Liability for Insuring Agreement (A) – Fidelity (as required) shall automatically be increased up
to the minimum required and mandated by S.E.C. Rule 17g-1, but shall not exceed an each and every loss Limit of Liability of $2,500,000
hereunder from the date of such increase without the payment of additional premium for the remainder of the Bond Period.
4. 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.
5. This rider shall become effective as of 12:01 a.m. on 05/06/2013
standard time.
RIDER NO. 4
CALIFORNIA PREMIUM RIDER
To be attached to and form part of Bond No. 048-38-11 –
00 in favor of Cambria ETF Trust
It is agreed that:
1. In compliance with the ruling of the Commissioner of Insurance
of the State of California and the Opinion of the Attorney-General of that State requiring that the premium for all bonds or policies
be endorsed thereon, the basic premium charged for the attached bond for the period
From:
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05/06/2013
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To:
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05/06/2014
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Is: One Thousand Seven Hundred Twenty
One and 00/100 Dollars ($1,721.)
2. This rider shall become effective as of 12:01 a.m. on 05/06/2013
standard time.
INSURED COPY
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048-38-11 - 00
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INSURED COPY
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048-38-11 - 00
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CAMBRIA ETF TRUST
OFFICER’S CERTIFICATE
The undersigned hereby certifies that he
is the President and a Trustee of Cambria ETF Trust (the "Trust"); that the following is a true and correct copy of the
resolutions approving the form of the fidelity bond adopted by vote of a majority of the members of the Board of Trustees of the
Trust, including a majority of the Trustees who are not interested persons of the Trust (“Independent Trustees”), within
the meaning of Section 2(a)(19) of the Investment Company Act of 1940 Act, as amended (“1940 Act”), on the 25th day
of April 2013; and that said resolutions are in full force and effect:
RESOLVED, that the Board, including
a majority of the Trustees who are not interested persons within the meaning of Section 2(a)(19) of the 1940 Act (“Independent
Trustees”), hereby authorizes the Trust to obtain and maintain a fidelity bond, in the form of a joint bond or an investment
company blanket bond, against larceny and embezzlement, covering each officer and employee of the Trust.
RESOLVED, that the Board, including
a majority of the Independent Trustees, giving due consideration, as required by Rule 17g-1(d) under the 1940 Act, to all relevant
factors, including but not limited to, the estimated aggregate assets of the Trust during its first fiscal year of operations,
the type and terms of custody of such assets and the nature of the securities in the portfolios of the Trust’s series, authorizes
a fidelity bond upon the terms as discussed at this meeting.
RESOLVED, that the officers of
the Trust be, and each of them hereby is, authorized to increase the amount of the fidelity bond from time to time to ensure adequate
coverage based upon all relevant factors, including the value of the Trust’s assets, to enable the Trust to remain in compliance
with the 1940 Act, including Rule 17g-1(d) thereunder.
RESOLVED, that, for purposes
of Rule 17g-1(h) under the 1940 Act, the Principal Executive Officer and Vice President, of the Trust be, and each of them hereby
is, authorized to make all necessary filings with the SEC and give all notices and information with respect to such fidelity bond
as required under Rule 17g-1(g) under the 1940 Act.
RESOLVED, that the officers of
the Trust be, and each of them hereby is, authorized to make any payments, take any actions and execute any instruments that may
be necessary or advisable to carry out the foregoing resolutions and the purpose and intent thereof.
In witness whereof, the undersigned has executed this Certificate
this 13th day of May 2013.
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/s/ Eric W. Richardson
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Eric W. Richardson
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President and Trustee
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