0000894189-14-001842 Sample Contracts

PARTICIPATION AGREEMENT
Participation Agreement • April 21st, 2014 • Merger Fund Vl • New York

THIS PARTICIPATION AGREEMENT is made and entered into this 17th day of April, 2013, by and among The Merger Fund VL, a Delaware statutory trust (the “Fund”), Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”), for purposes of Sections 2.10, 4.2, 4.3, 8.1, 8.8, 8.9 and 11.1 only, First Symetra National Life Insurance Company of New York, a New York Company (the “Company”) on its own behalf and on behalf of each of the segregated asset accounts of the Company set forth in Schedule A hereto, as may be amended from time to time (the “Accounts”).

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ADMINISTRATIVE SERVICES AGREEMENT
Administrative Services Agreement • April 21st, 2014 • Merger Fund Vl • New York

First Symetra (the “Company”) and The Merger Fund VL (the “Fund”) mutually agree to the arrangements set forth in this Administrative Services Agreement (the “Agreement”) dated __________________.

EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT
Expense Waiver And • April 21st, 2014 • Merger Fund Vl

AGREEMENT made as of the 1st day of January 2014 between The Merger Fund VL, a Delaware statutory trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

FUND PARTICIPATION AGREEMENT
Fund Participation Agreement • April 21st, 2014 • Merger Fund Vl • Ohio

This Agreement dated as of the 11th day of October, 2013 is made by and among Nationwide Financial Services, Inc. on behalf of its subsidiary life insurance companies listed on Exhibit A (collectively, “Nationwide”) and the current and any future Nationwide separate accounts as applicable (“Variable Accounts”); The Merger Fund VL, an open-end investment company (the “Funds”); and Westchester Capital Management, LLC (the “Company”) which serves as adviser to the Funds, including any funds listed on Exhibit B.

ADMINISTRATIVE SERVICE AGREEMENT
Administrative Service Agreement • April 21st, 2014 • Merger Fund Vl • Ohio

This Administrative Service Agreement (the “Agreement”), effective October 11, 2013 is made by and between Nationwide Financial Services, Inc. (“NFS”); The Merger Fund VL, an open-end investment company (the “Funds”); and Westchester Capital Management, LLC (the “Company”); which serves as adviser to the Funds;

PARTICIPATION AGREEMENT The Merger Fund VL Westchester Capital Management, LLC and THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
Participation Agreement • April 21st, 2014 • Merger Fund Vl • New York

THIS AGREEMENT, made and entered into this ____ day of ______________, 2013 by and among The Guardian Insurance & Annuity Company, Inc., a Delaware corporation (the “Company”), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”), and The Merger Fund VL (the “Fund”) and Westchester Capital Management, LLC.

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