AGREEMENT REGARDING FIDELITY BONDING
Exhibit 99.3
This Agreement Regarding Fidelity Bonding is dated effective as of the 1st day of
July, 2011, by and among Fidus Investment Corporation and Fidus Mezzanine Capital, L.P. (the
parties are collectively referred to herein as the “Insureds”).
WHEREAS, the Insureds are parties to that certain Financial Institution Bond No.
MNN761007/01/2011, a joint insured fidelity bond issued by Axis Insurance Company in the amount of
$5,000,000 (the “Bond”); and
WHEREAS, pursuant to Rule 17g-1(f) under the Investment Company Act of 1940 (the
“Act”), the Insureds desire to document their agreement regarding any future recovery due
to either or both of the Insureds under the Bond;
NOW, THEREFORE, for and in consideration of the mutual promises hereinafter set forth the
Insureds hereby agree as follows:
Each of the Insureds acknowledges and agrees that in the event recovery of any amounts is
received under the Bond as a result of a loss sustained by both of the Insureds, the Insureds shall
receive an equitable and proportionate share of the recovery, but at least equal to the amount
which either Insured would have received had it provided and maintained a single insured bond with
the minimum coverage required by Rule 17g-1(d)(1) under the Act.
[Signature Page Follows]
In Witness Whereof, the Insureds have caused this Agreement to be executed by their
respective officers, thereunto duly authorized, as of the day and year first above written.
| FIDUS INVESTMENT CORPORATION |
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| By: | /s/ Xxxxxx X. Xxxx | |||
| Name: | Xxxxxx X. Xxxx | |||
| Title: | Chairman, President, and Chief Executive Officer |
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| FIDUS MEZZANINE CAPITAL, L.P. |
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| By: | Fidus Investment GP, LLC, its general partner | |||
| By: | Fidus Investment Advisors, LLC, its manager | |||
| By: | /s/ Xxxxxx X. Xxxx | |||
| Name: | Xxxxxx X. Xxxx | |||
| Title: | Chief Executive Officer | |||
