ROPES & GRAY LLP [LOGO OF 45 ROCKEFELLER PLAZA NEW YORK, NY 10111-0087 ROPES & GRAY 212-841-5700 F 212-841-5725 BOSTON NEW YORK PALO ALTO APPEARS HERE] SAN FRANCISCO WASHINGTON, DC www.ropesgray.com January 12, 2007 Securities and Exchange Commission Attn: Filing Desk 450 Fifth Street, N.W. Washington, D.C. 20549 Re: Kohlberg Capital Corporation Ladies and Gentlemen: Enclosed for filing on behalf of Kohlberg Capital Corporation (the "Company") pursuant to Rule 17g-l(g) under the Investment Company Act of 1940 please find a copy of (i) the Company's single insured bond for the period from November 22, 2006 to November 22, 2007, (ii) the resolution of a majority of the board of directors of the Company who are not "interested persons" approving the amount, type, form and coverage of the single insured bond, and (iii) a statement as to the period for which premiums have been paid. Please call me at (212) 841-0484 if you have any questions. Sincerely, /s/ Rebecca C. O'Brien - ------------------------- Rebecca C. O'Brien Enclosure
KOHLB&CO ACORD(TM) INSURANCE BINDER DATE 11/22/06 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PHONE (A/C, No, Ext): 914-769-2220 COMPANY BINDER # FAX (A/C. No); 9147476399 Federal Insurance Co 112206 EFFECTIVE EXPIRATION ------------------------------ -------------------------- USI Northeast, Inc. - C/L DATE TIME DATE TIME Suite 301, North -------- ------------------ -------- --------------- 555 Pleasantville Rd. 11/22/06 12:01 X AM 11/22/07 X 12:01 AM Briarcliff Manor, NY 10510 PM NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE CODE: SUB CODE: NAMED COMPANY PER EXPIRING POLICY #: AGENCY DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including CUSTOMER ID: 962 Location) INSURED Kohlberg Capital LLC Kohlberg Capital Corporation 295 Madison Avenue 6th Floor New York, NY 10017 COVERAGES LIMITS - ------------------------------------------------------------------------------ ---------------------------------- TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT - ----------------------------------- ------------------------------------------ ------------------- ------- ------ PROPERTY CAUSES OF LOSS [ ] BASIC [ ] BROAD [ ] SPEC [ ] [ ] GENERAL LIABILITY EACH OCCURRENCE $ [ ] COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES $ [ ][ ] CLAIMS MADE [ ] OCCUR MED EXP (Any one person) $ [ ] PERSONAL & ADV INJURY $ [ ] GENERAL AGGREGATE $ [ ] RETRO DATE FOR CLAIMS MADE: PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ [ ] ANY AUTO BODILY INJURY (Per person) $ [ ] ALL OWNED AUTOS BODILY INJURY (Per accident) $ [ ] SCHEDULED AUTOS PROPERTY DAMAGE $ [ ] HIRED AUTOS MEDICAL PAYMENTS $ [ ] NON-OWNED AUTOS PERSONAL INJURY PROT $ [ ] UNINSURED MOTORIST $ [ ] $ AUTO PHYSICAL DAMAGE DEDUCTIBLE [ ] ALL VEHICLES [ ] SCHEDULED VEHICLES [ ] ACTUAL CASH VALUE [ ] COLLISION: ___________ [ ] STATED AMOUNT $ [ ] OTHER THAN COL: ___________ [ ] OTHER GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ [ ] ANY AUTO OTHER THAN AUTO ONLY: [ ] EACH ACCIDENT $ [ ] AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ [ ] UMBRELLA FORM AGGREGATE $ [ ] OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ WORKER'S COMPENSATION [ ] WC STATUTORY LIMITS AND E.L. EACH ACCIDENT $ EMPLOYER'S LIABILITY E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ SPECIAL Miscellaneous Coverage - Fidelity FEES $ CONDITIONS/ Limit $1,000,000 Ded.: $50,000 TAXES $ OTHER ESTIMATED TOTAL PREMIUM $ COVERAGES NAME & ADDRESS - -------------- [ ] MORTGAGEE [ ] ADDITIONAL INSURED [ ] LOSS PAYEE LOAN# AUTHORIZED REPRESENTATIVE /s/ Michael W. Gilligan ACORD 75 (2001/01)1 of 2 #28403 NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE JAP (C) ACORD CORPORATION 1993
CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2001/01) 2 of 2 # 28403
FIDELITY BOND RESOLVED: That, after considering all relevant factors, the action of the Authorized Officers of the Company in obtaining a bond issued by Federal Insurance Company, covering larceny and embezzlement and certain other acts, with a limit of liability of $1,000,000, for an aggregate one-year premium of $6,000, be, and it hereby is, authorized and approved. RESOLVED: That pursuant to Rule 17g-l under the 1940 Act, as amended, Dayl W. Pearson, President and Chief Executive Officer, and Michael I. Wirth, Chief Financial Officer, Chief Compliance Officer and Secretary, are each hereby designated as an agent for the Company to make the filings and give the notices required by subparagraph (g) of said Rule. RESOLVED: That the form and amount of the bond issued by Federal Insurance Company, after consideration of all relevant factors including the Company's aggregate assets to which persons covered by the bond have access, the type and terms of arrangements made for custody and safekeeping of assets, and the nature of the securities held, be and they hereby are authorized and approved.
KOHLBERG CAPITAL CORPORATION (the "Company") STATEMENT REGARDING PREMIUMS PAID The Company has paid premiums under its single insured bond for the period from November 22, 2006 through November 22, 2007. Kohlberg Capital Corporation By: /s/ Michael I. Wirth -------------------------------------- Dated: December 13, 2006 Michael I. Wirth Chief Financial Officer