LeoSat Surety Bond s

OTHER submitted by LeoSat MA, Inc.

Surety Bond Rider

2019-04-18

This document pretains to SAT-PDR-20161115-00112 for Petition for Declaratory Ruling on a Satellite Space Stations filing.

IBFS_SATPDR2016111500112_1658223

                                                                              1 8 0 0 M S T R E E T, N W
                                                                              SU ITE 800N
                                                                              W ASHINGTON, DC 20036
                                                                              TEL    202.783.4141
                                                                              FA X   202.783.5851
                                                                              W W W .W BKL AW .C O M




April 18, 2019

Marlene H. Dortch
Secretary
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20010

                  Re:     Submission of Surety Bond
                          LeoSat MA, Inc.,
                          IBFS File No. SAT-PDR-20161115-00112 (Call Sign S2979)


Dear Ms. Dortch:

In accordance with Section 25.165 of the Commission’s rules, 47 C.F.R. § 25.165, and paragraph
25.a of the Order and Declaratory Ruling1 granting access to the U.S. Market to LeoSat MA, Inc.
(“LeoSat”) for the operation of a non-geostationary satellite system operating in Ka-band
spectrum, LeoSat hereby submits the attached surety bond rider.

The surety bond rider is in the dollar amount of $60,000 (increasing the bond amount to
$1,340,000) which is the amount required to cover the 31-day period from April 20, 2019 until
May 20, 2019 pursuant to the formula set forth in Section 25.165(a)(1) of the Commission’s
rules. 2 LeoSat and the surety will execute a rider to the bond on or before May 20, 2019 to
increase the amount of the bond in accordance with the Commission’s requirements. Following
the close of LeoSat’s Series A financing, which LeoSat expects to occur shortly, LeoSat expects
to file future riders covering periods of time of one year or longer.




1
 See LeoSat MA, Inc., Petition for Declaratory Ruling Concerning U.S. Market Access for the LeoSat
Ka-band Low-Earth Orbit Satellite System, Order and Declaratory Ruling, 33 FCC Rcd 11486, ¶ 25.a
(2018).
2
    47 C.F.R. § 25.165(a)(1).


Marlene H. Dortch
April 18, 2019
Page 2


Please direct any questions regarding this matter to the undersigned.

                                             Respectfully Submitted,



                                             /s/ Lynne M. Montgomery
                                             Lynne M. Montgomery
                                             Phillip R. Marchesiello

                                             Counsel to LeoSat MA, Inc.


Attachment


                                                                     SURETY RIDER




       To be attached to and form a part of

        Bond No.     800041798




           dated            11/19/2018
        effective
                        (MONTH-DAY-YEAR)

    executed by LeoSat MA, Inc.
                                                                                                                                        ,   as Principal,
                        (PRINCIPAL)

          and by Atlantic Specialty Insurance Company
                                                                                                         as Surety,

      in favor of United States Treasury
                        (OBLIGEE)
     in consideration of the mutual agreements herein contained the Principal and
                                                                                  the Surety hereby consent to changing
   The Bond Amount to:

      One Million Three Hundred Forty Thousand And No/100 ($1,340,000.00)




      Nothing herein contained shall vary, alter or extend any provision or condition
                                                                                      of this bond except as herein expressly stated.
     This rider
     is effective                4/20/2019
                                    (MONTH-DAY-YEAR)

     Signed and Sealed                4/17/2019
                                    (MONTH-DAY-YEAR)

                     LeoSat MA, Inc.
                                 (PRINCIPAL)
               By:                                     Joseph C Anders, President
                      (PRINCIPAL)


                      tlantic Specialty   surance Company




                     Con Riddle, Attorney-in-Fact




S-O443IGEEF 10199


                 1
      OneBeacon
          N5UP.C&            GROUP




    KNOW ALL MEN BY THESE PRESE
                                NTS, that ATLANTIC SPECI                     ALTY INSURNCE COMPANY, a New York
   Minnesota, does hereby constitute and appoin                                                                                corporation with its principal office tn Plymo
                                                    t: Con Riddle, each individually                                                                                           uth,
   deliver, for and on its behalf as surety, any and                                    if there be more than one named, its true and lawful
                                                      all bonds, recognizances, contracts of indemnity,                                       Attorney-in-Fact, to make, execute, seal and
   undertaking executed under this authority                                                            and all other writings obligatory in the nature
                                                shall exceed in amount the sum of: sixty million                                                        thereof; provided that no bond or
   indemnity, and all other writings obligatory in the nature                                       dollars ($60,000,000)     and the execution of such bonds, recognizance
                                                              thereof in pursuance of these presents, shall                                                                    s, contracts of
   authorized officer of the Company and                                                                      be as binding upon said Company as if they
                                           sealed with the Company seal. This Power                                                                          had been fully signed by an
   Board of Directors of ATLANTIC SPECI                                                   of Attorn ey is made and executed by authority of the
                                              ALTY INSURANCE COMPANY on the twenty                                                                  following resolutions adopted by the
                                                                                                  -fifth day of September, 2012:
                Resolved: That the President, any Senior
                                                           Vice President or Vice-President (each an “Autho
                all bonds, recognizances, contracts of indem                                                     rized Officer”) may execute for and in
                                                              nity, and all other writings obligatory in the                                               behalf of the Company any and
                Authorized Officer may appoint and author                                                     nature thereof, and affix the seal of the Compa
                                                            ize an Attorney-in-Fact to execute on behalf                                                       ny thereto; and that the
               seal thereto; and that the Authorized Office                                                  of the Company any and all such instruments
                                                            r may at any time remove any such Attorn                                                          and to affix the Company
               Fact.                                                                                       ey-in-fact and revoke all power and authority
                                                                                                                                                            given to any such Attorney-in-
                Resolved: That the Attorney-in-Fact may
                                                              be given full power and authority to execut
                recognizances, contracts of indemnity, and                                                  e for and in the name and on behalf of the Compa
                                                               all other writings obligatory in the nature thereof                                               ny any and alt bonds,
                be as binding upon the Company as if signed                                                        , and any such instrument executed by any
                                                                  and sealed by an Authorized Officer and, further                                               such Attorney-in-fact shall
                required to be attached to bonds, recognizance                                                        , the Attorney-in-Fact is hereby authorized
                                                                  s, contracts of indemnity, and all other writing                                                 to verify any affidavit
                                                                                                                    s obligatory in the nature thereof.
  This power of attorney is signed and sealed
                                                  by facsimile under the authority of the follow
  INSURANCE COMPANY on the twenty                                                                 ing Resolution adopted by the Board of Directo
                                               -fifth day of September, 2012:                                                                        rs of ATLANTIC SPECIALTY
                 Resolved: That the signature of an Authorized
                                                                    Officer, the signature of the Secretary or the
                 facsimile to any power of attorney or to any                                                       Assistant Secretary, and the Company seal
                                                                 certificate relating thereto appointing an Attorn                                                may be affixed by
                 undertaking, recognizance or other written                                                        ey-in-Fact for purposes only of executing
                                                               obligation in the nature thereof, and any such                                                   and sealing any bond,
                 as the original signature of such officer                                                      signature and seal where so used, being
                                                            and the original seal of the Company, to be valid                                              hereby adopted by the Company
                manually affixed.                                                                               and binding upon the Compan) with the same
                                                                                                                                                                  force and effect as though
 IN WITNESS WHEREOF, ATLANTIC
                                              SPECIALTY INSURANCE COMPANY
 to be affixed this twenty-sixth day of Octobe                                              has caused these presents to be signed by an Autho
                                                  r, 2017.                                                                                       rized Officer and the seal of the Company




 STATE OF MINNESOTA
 HENNEPIN COUNTY                                                                R,a?i
                                                                                               ‘s/                            Paul]. Breltm, Senior Vice President
On this twenty-sixth day of October, 2017,
                                               before me personally came Paul J. Brehm,
personally known to be the individual and                                                 Senior Vice President of ATLANTIC SPECI
                                              officer described in and who executed the                                                 ALTY INSURANCE COMPANY. to me
duly sworn, that he is the said officer of                                              preceding instrument, and he acknowledged
                                           the Company aforesaid, and that the seal affixed                                           the execution of the same, and being by me
signature as such officer ss’as duly affixed                                                to the preceding instrument is the seal of said
                                             and subscribed to the said instrument by the                                                   Company and that the said seal and the
                                                                                          authority and at the direction of the Compa
                                                                                                                                      ny.




                                                                   Januar3l 2020                             Notary Public
I, the undersigned, Secretary of ATLA
                                      NTIC SPECIALT’x’ INSURANCE COMP
force and has not been revoked, and                                       ANY, a New York Corporation, do hereby
                                    the resolutions set h alov are                                               certify that the foregoing power of attorney is in
                                                                    in force.                                                                                       full
Signed and sealed. Dated      f7//I day of
                                                      :‘Z21Z1J Jl ‘7

   This Pover of Attorney expires
          October 1, 2019
                                                                            5
                                                                            \‘Z,
                                                                                      1986
                                                                                   ‘a11,
                                                                                                Ci                             cE’-—
                                                                                                                              Chri5topher V. Jerry. Secretary



Document Created: 2019-04-18 15:45:19
Document Modified: 2019-04-18 15:45:19

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