Merger Fund Sample Contracts

DISTRIBUTION AGREEMENT
Distribution Agreement • February 29th, 2012 • Merger Fund • Wisconsin

THIS AGREEMENT is made and entered into as of this 21st day of February, 2012, by and between THE MERGER FUND, a Massachusetts trust (the “Trust”) and QUASAR DISTRIBUTORS, LLC, a Delaware limited liability company (the “Distributor”). WESTCHESTER CAPITAL MANAGEMENT, LLC, the investment adviser to the Trust (the “Adviser”), is a party hereto with respect to Section 5 only.

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DISTRIBUTION AGREEMENT
Distribution Agreement • March 1st, 2019 • Merger Fund • Delaware

THIS AGREEMENT is made and entered into as of February 4th, 2019 by and between The Merger Fund, a Massachusetts business trust (the “Trust”), severally on behalf of each of its series listed on Exhibit A hereto (as amended from time to time) (each a “Fund” and collectively the “Funds” and together with the Trust (subject to the limitations in Section 20 below) as “Client”), and Compass Distributors, LLC, a Delaware limited liability company (the “Distributor”).

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FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • April 27th, 2017 • Merger Fund • Wisconsin

THIS AGREEMENT is made and effective as of January 1, 2017, by and between THE MERGER FUND, a Massachusetts trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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THE MERGER FUND® SUBADVISORY AGREEMENT October 1, 2021
Subadvisory Agreement • October 1st, 2021 • Merger Fund • Massachusetts

The Merger Fund® (the “Fund”) is an open-end investment company registered under the Investment Company Act of 1940, as amended (the “Act”), and is subject to the rules and regulations promulgated thereunder.

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AGREEMENT AMONG JOINT INSUREDS
Agreement Among Joint Insureds • April 29th, 2009 • Merger Fund

This Agreement dated as of April 16, 2003, is hereby entered into by and between The Merger Fund VL (the “VL Fund”), and The Merger Fund (the “Merger Fund”) as may be amended from time to time.

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FORM OF AMENDMENT TO THE
Merger Fund • April 30th, 2019

THIS AMENDMENT is made 1 January 2019 and amends (i) the fund accounting servicing agreement dated January 11, 2006, between The Merger Fund VL (“Merger VL”) and U.S. Bancorp Fund Services d/b/a U.S. Bank Global Fund Services , LLC (“Fund Services”),(ii) the fund accounting servicing agreement, dated January 11, 2006 between The Merger Fund (“Merger”) and Fund Services, and (iii) the fund accounting servicing agreement, dated July 30, 2013, between Westchester Capital Funds (“WCF” and together with Merger VL and Merger the “Trusts”) and Fund Services.

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The Bond Market Association SIA Master Securities Loan Agreement Dated as of: October 3, 2007 Between: The Merger Fund (Lender) and Bear, Stearns Securities Corp. (Borrower)
Merger Fund • January 25th, 2008
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FORM OF AMENDMENT TO THE
Merger Fund • April 30th, 2019

THIS AMENDMENT is made 1 January 2019 and amends (i) the custody agreement dated July 1, 2003, between The Merger Fund VL (“Merger VL”) and U.S. Bank, N.A. (“Custodian”), (ii) the custody agreement, dated July 15, 2008 between The Merger Fund (“Merger”) and Custodian, and (iii) the custody agreement, dated July 30, 2013, between Westchester Capital Funds (“WCF” and together with Merger VL and Merger the “Trusts”) and Custodian.

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THE MERGER FUND® INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 1st, 2021 • Merger Fund • Massachusetts

THIS AGREEMENT, effective as of the 1st day of October, 2021 (the “Contract Date”) by and between The Merger Fund®, a Massachusetts business trust (the “Fund”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).

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THE MERGER FUND FOURTH AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • April 27th, 2017 • Merger Fund

THIS FOURTH AMENDMENT, effective as of January 1, 2017, to the Fund Accounting Servicing Agreement, dated as of January 1, 2006, as amended February 26, 2008, January 19, 2011 and July 9, 2013 (the “Agreement”), is entered into by and between THE MERGER FUND, a Delaware statutory trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”)

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THE MERGER FUND FUND ACCOUNTING SERVICING AGREEMENT THIS AGREEMENT is made and entered into this 11th day of January, 2006,
Merger Fund • January 25th, 2006 • Merger Fund • Wisconsin

by and between THE MERGER FUND, a Massachusetts trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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THE MERGER FUND AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • January 22nd, 2009 • Merger Fund

THIS AMENDMENT, dated as of the 26th day of February, 2008, to the Fund Administration Servicing Agreement, dated as of September 30, 1994, as amended (the "Agreement"), is entered into by and between THE MERGER FUND, a Massachusetts trust, and U.S. BANCORP FUND SERVICES, LLC.

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FEE WAIVER AGREEMENT
Fee Waiver Agreement • April 30th, 2013 • Merger Fund

This Agreement is made as of this 1st day of January 2013 between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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FEE WAIVER AGREEMENT
Fee Waiver Agreement • October 1st, 2021 • Merger Fund

This Fee Waiver Agreement (this “Agreement”) is made and entered into as of October 1, 2021 between The Merger Fund, a Massachusetts business trust (the “Fund”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).

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AMENDED AND RESTATED FEE WAIVER AGREEMENT
Fee Waiver Agreement • April 27th, 2017 • Merger Fund

AGREEMENT, this Amended and Restated Fee Waiver Agreement (this “Agreement”) is made and entered into as of April 26, 2016 (the “Effective Date”) between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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JOINT INSURED BOND AGREEMENT
Joint Insured Bond Agreement • August 8th, 2022 • Merger Fund • Loan brokers

THIS AGREEMENT, effective as of the 1st day of July, 2022 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”).

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FUND ADMINISTRATION SERVICING AGREEMENTS
Merger Fund • April 30th, 2019

THIS AMENDMENT is made 1 January 2019 and amends (i) the fund administration servicing agreement dated July 1, 2003, between The Merger Fund VL (“Merger VL”) and U.S. Bancorp Fund Services d/b/a U.S. Bank Global Fund Services , LLC (“Fund Services”),(ii) the fund administration servicing agreement, dated January 1, 2017 between The Merger Fund (“Merger”) and Fund Services, and (iii) the fund administration servicing agreement, dated July 30, 2013, between Westchester Capital Funds (“WCF” and together with Merger VL and Merger the “Trusts”) and Fund Services.

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FEE WAIVER AGREEMENT
Fee Waiver Agreement • April 28th, 2014 • Merger Fund

This Agreement is made as of this 1st day of January 2014 between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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THE MERGER FUND SECOND AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • January 27th, 2012 • Merger Fund

THIS SECOND AMENDMENT, dated as of the 19TH day of January, 2011, to the Fund Accounting Servicing Agreement, dated as of January 1, 2006, as amended February 26, 2008 (the "Agreement"), is entered into by and between THE MERGER FUND, a Delaware statutory trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”)

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THE MERGER FUND AMENDED AND RESTATED CUSTODY AGREEMENT
Merger Fund • January 22nd, 2009 • Merger Fund • Ohio

THIS AGREEMENT, originally made and entered into as of the 1st day of April, 1994, by and between THE MERGER FUND (the “Trust”) and U.S. BANK NATIONAL ASSOCIATION (f/k/a Firstar Bank Milwaukee, N.A.), a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”), is hereby amended and restated in its entirety as of July 15, 2008.

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UNDERWRITING AGREEMENT
Underwriting Agreement • October 1st, 2021 • Merger Fund • Massachusetts

THIS AGREEMENT made as of this 1st day of October, 2021, by and between The Merger Fund®, a Massachusetts business trust having a place of business located at 101 Munson Street, Suite 104, Greenfield, Massachusetts 01301 (the “Fund”) and VP Distributors, LLC, a Delaware limited liability company having a place of business located at One Financial Plaza, Hartford, Connecticut 06103 (the “Underwriter”).

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THE MERGER FUND SECOND AMENDMENT TO THE AMENDED AND RESTATED TRANSFER AGENT AGREEMENT
Transfer Agent Agreement • April 27th, 2017 • Merger Fund

THIS SECOND AMENDMENT, effective as of January 1, 2017 to the Amended and Restated Transfer Agent Servicing Agreement dated January 19, 2011 (the "Agreement"), as amended July 9, 2013, is entered into by and between THE MERGER FUND, a Massachusetts trust, and U.S. BANCORP FUND SERVICES, LLC.

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FEE WAIVER AGREEMENT
Fee Waiver Agreement • April 30th, 2018 • Merger Fund

AGREEMENT, this Fee Waiver Agreement (this “Agreement”) is made and entered into as of May 1, 2018 (the “Effective Date”) between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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THE MERGER FUND AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • January 27th, 2012 • Merger Fund

THIS AMENDMENT, dated as of the 19th day of January, 2011, to the Fund Administration Servicing Agreement, dated as of September 30, 1994, as amended (the "Agreement"), is entered into by and between THE MERGER FUND, a Massachusetts trust, and U.S. BANCORP FUND SERVICES, LLC.

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FEE WAIVER AGREEMENT
Fee Waiver Agreement • March 13th, 2015 • Merger Fund

This Agreement is made as of this 1st day of January 2015 between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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THE MERGER FUND AMENDED AND RESTATED TRANSFER AGENT SERVICING AGREEMENT
Merger Fund • January 27th, 2012 • Merger Fund • Wisconsin

THIS AGREEMENT, originally made and entered into as of the 1st day of April, 1994, by and between THE MERGER FUND, a Massachusetts trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”), is hereby amended and restated as of February _____, 2011.

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JOINT INSURED BOND AGREEMENT
Joint Insured Bond Agreement • August 29th, 2023 • Merger Fund • Loan brokers

THIS AGREEMENT, effective as of the 1st day of July, 2023 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”).

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FEE WAIVER AGREEMENT
Fee Waiver Agreement • January 26th, 2005 • Merger Fund

This Agreement is made as of this 15th day of January 2005, between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, Inc., a New York corporation (the “Adviser”).

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THE MERGER FUND AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • January 22nd, 2009 • Merger Fund

THIS AMENDMENT, dated as of the 26th day of February, 2008, to the Fund Accounting Servicing Agreement, dated as of January 11, 2006, as amended (the "Agreement"), is entered into by and between THE MERGER FUND, a Massachusetts trust, and U.S. BANCORP FUND SERVICES, LLC.

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THE MERGER FUND FIRST AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • January 27th, 2012 • Merger Fund

THIS FIRST AMENDMENT, dated as of the 19th day of January, 2011, to the Amended and Restated Custody Agreement, dated as of July 15, 2008 (the "Agreement"), is entered into by and between THE MERGER FUND, a Massachusetts trust, (the “Trust”) and U.S. BANK, N.A., a national banking association (the “Custodian”)

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THE MERGER FUND AMENDMENT TO THE TRANSFER AGENT AGREEMENT
Transfer Agent Agreement • January 22nd, 2009 • Merger Fund

THIS AMENDMENT, dated as of the 26th day of February, 2008, to the Transfer Agent Agreement, dated as of April 1, 1994, as amended (the "Agreement"), is entered into by and between THE MERGER FUND, a Massachusetts trust, and U.S. BANCORP FUND SERVICES, LLC.

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FEE WAIVER AGREEMENT
Fee Waiver Agreement • January 28th, 2011 • Merger Fund

This Agreement is made as of this 1st day of January 2011 between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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THE MERGER FUND THIRD AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • April 27th, 2017 • Merger Fund

THIS THIRD AMENDMENT, effective as of January 1, 2017, to the Amended and Restated Custody Agreement dated as of July 15, 2008, as amended January 19, 2011 and July 9, 2013 (the "Agreement"), is entered into by and between THE MERGER FUND, a Massachusetts trust, (the “Trust”) and U.S. BANK, N.A., a national banking association (the “Custodian”)

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