Exhibit 1
AMENDED AND RESTATED
JOINT INSURED BOND AGREEMENT
THIS AGREEMENT, dated as of the 12th day of January, 2007, by and between
the undersigned parties (which entities, together with any and all other
entities hereafter included as named insureds under the Fidelity Bond (as
hereafter defined) are collectively referred to as the "Parties" and singularly
as a "Party").
WITNESSETH:
WHEREAS, in accordance with subsection (f) of Rule 17g-1 of the Securities
and Exchange Commission under the Investment Company Act of 1940 (the "Act"),
The Phoenix Edge Series Fund, Phoenix Adviser Trust, Phoenix-Xxxxxxxx Funds,
Phoenix Equity Series Fund, Phoenix Equity Trust, Phoenix CA Tax-Exempt Bond
Fund, Phoenix Institutional Mutual Funds, Phoenix Investment Series Fund,
Phoenix Investment Trust 97, Phoenix-Kayne Funds, Phoenix Multi-Portfolio Fund,
Phoenix Multi-Series Trust, Phoenix PHOLIOs(SM), Phoenix Portfolios,
Phoenix-Seneca Funds, Phoenix Series Fund, Phoenix Strategic Equity Series Fund,
DNP Select Income Fund Inc., DTF Tax-Free Income Inc., Duff & Xxxxxx Utility and
Corporate Bond Trust Inc., The Xxxxx Fund, Inc., The Xxxxx Total Return Fund,
Inc., Phoenix Equity Planning Corporation, Phoenix Investment Partners, Ltd.,
Phoenix Investment Counsel, Inc., Duff & Xxxxxx Investment Management Co.,
Xxxxxxxx Asset Management, Pasadena Capital Corporation, Seneca Capital
Management, LLC, Phoenix Variable Advisors, Inc., PXP Institutional Markets
Group, Ltd., Phoenix/Xxxxx Advisors LLC, Walnut Asset Management, LLC,
Xxxxxxxxxx Financial Corporation, Xxxxxxxxxx Xxxxx & Xxxxxxxxxx LLC, and Xxxxx
Xxxxxxxx Xxxxxxx Investment Management LLC, entered into a certain Amended and
Restated Joint Insured Bond Agreement dated August 31, 2005 (the "Agreement");
WHEREAS, the Parties are each named as insureds under that certain joint
insured bond issued by ACE USA, of New York, NY, and the Hartford Insurance
Group, bearing policy numbers DONG21648425005 and FI 0237719 (which fidelity
bond, together with all endorsements and riders now or hereafter issued with
respect thereto and any and all renewals thereof as well as any and all
substitutions or replacements thereof shall hereinafter be referred to as the
"Fidelity Bond"); and
WHEREAS, the Parties mutually desire to renew and continue the Agreement in
accordance with the provisions herein below contained and to add as signatories
those insureds added to the Fidelity Bond pursuant to Paragraph 3 since
execution of the Agreement.
NOW, THEREFORE, the Agreement is renewed and continued with the provisions
set forth below, to wit:
1. Notwithstanding anything possibly to the contrary, the Parties
mutually agree that in the event recovery is received under the
Fidelity Bond as a result of a loss sustained by a registered
investment company constituting a Party and one or more other insureds
under the Fidelity Bond, each such Party which is a registered
investment company shall receive an equitable and proportionate share
of such
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Exhibit 1
recovery, but in no event shall such recovery be less than the
amount that such affected Party would have received had it provided
and maintained a single insured bond with the minimum coverage
required by subsection (d)(1) of Rule 17g-1.
2. This instrument is executed on behalf of the trustees of each of the
Parties which is a trust by the trustees thereof in their capacity as
such, and not individually, and the obligations of, or arising out of
this instrument, are not binding upon any of such trustees or
shareholder individually but are binding only upon the assets and
property of said trusts.
3. This Agreement shall be binding upon and inure to the benefit of the
Parties and any and all series or portfolios thereof, as well as any
and all subsidiaries, affiliates, successors and assigns of the
foregoing. This Agreement shall be deemed to be automatically amended
so as to include or delete Parties contemporaneously with any
amendments to the Fidelity Bond including or deleting named insureds.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
signed by their respective officers thereunto duly authorized, all as of the day
and year first above written.
PHOENIX ADVISER TRUST
PHOENIX ASSET TRUST
PHOENIX CA TAX-EXEMPT BOND FUND
PHOENIX EQUITY SERIES FUND
PHOENIX EQUITY TRUST
PHOENIX INSIGHT FUNDS TRUST
PHOENIX INSTITUTIONAL MUTUAL FUNDS
PHOENIX INVESTMENT SERIES FUND
PHOENIX INVESTMENT TRUST 06
PHOENIX INVESTMENT TRUST 97
PHOENIX MULTI-PORTFOLIO FUND
PHOENIX MULTI-SERIES TRUST
PHOENIX OPPORTUNITIES TRUST
PHOENIX PHOLIOS(SM)
PHOENIX PORTFOLIOS
PHOENIX SERIES FUND
PHOENIX STRATEGIC EQUITY SERIES FUNd
By: /s/ Xxxxx X. Xxxx
------------------------------
Name: Xxxxx X. Xxxx
Title: Vice President, Chief Legal Officer, Counsel and Secretary
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Exhibit 1
DNP SELECT INCOME FUND INC.
DTF TAX-FREE INCOME INC.
DUFF & XXXXXX UTILITY AND CORPORATE BOND TRUST INC.
By: /s/ Xxxxxx X. Xxxxxxx
------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: President
THE PHOENIX EDGE SERIES FUND
By: /s/ Xxxxxxxx X. XxXxx
------------------------------
Name: Xxxxxxxx X. XxXxx
Title: Vice President, Chief Legal Officer, Counsel and Secretary
THE XXXXX FUND, INC.
THE XXXXX TOTAL RETURN FUND, INC.
By: /s/ Xxxxxxx Xxxx
------------------------------
Name: Xxxxxxx Xxxx
Title: Executive Vice President
XXXXX XXXXXXXX XXXXXXX INVESTMENT MANAGEMENT LLC
By: /s/ Xxxxx X. Xxxxxxx
------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Secretary and Counsel
PHOENIX INVESTMENT COUNSEL, INC.
By: /s/ Xxxx X. Xxxxx
------------------------------
Name: Xxxx X. Xxxxx
Title: Vice President and Clerk
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Exhibit 1
DUFF & XXXXXX INVESTMENT MANAGEMENT COMPANY
XXXXXXXX ASSET MANAGEMENT
EUCLID ADVISERS LLC
PASADENA CAPITAL CORPORATION
PHOENIX EQUITY PLANNING CORPORATION
PHOENIX INVESTMENT PARTNERS, LTD.
PHOENIX VARIABLE ADVISORS, INC.
PHOENIX/XXXXX ADVISERS LLC
PXP INSTITUTIONAL MARKETS GROUP, LTD.
XXXXXXXXXX XXXXX & CATHERWOOD, LLC
XXXXXXXXXX FINANCIAL CORPORATION
SENECA CAPITAL MANAGEMENT LLC
WALNUT ASSET MANAGEMENT, LLC
By: /s/ Xxxx X. Xxxxx
------------------------------
Name: Xxxx X. Xxxxx
Title: Vice President and Secretary
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