0000894189-10-001486 Sample Contracts

Participation Agreement among The Merger Fund VL, Westchester Capital Management, Inc. and Jefferson National Life Insurance Company
Participation Agreement • April 20th, 2010 • Merger Fund Vl • New York

THIS AGREEMENT, effective as of the 1st day of May, 2010 by and among The Merger Fund VL, a Delaware statutory trust (the “Fund”), Westchester Capital Management, Inc., a New York corporation (the “Adviser”) and Jefferson National Life Insurance Company (the “Company”), a Texas life insurance company, on its behalf and on behalf of each separate account set forth on Schedule A attached hereto as it may be amended from time to time (the “Separate Accounts”).

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ADMINISTRATIVE SERVICE AGREEMENT
Administrative Service Agreement • April 20th, 2010 • Merger Fund Vl • New York

This ADMINISTRATIVE SERVICE AGREEMENT (“Agreement”) is made and entered into as of this 1st day of May 2010 by and among The Merger Fund VL, a registered investment company under the Investment Company Act of 1940, as amended (the “1940 Act”) and organized as a statutory trust under the laws of the State of Delaware (the “Fund”); Westchester Capital Management, Inc., a corporation organized under the laws of the State of New York, a registered investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and investment adviser to the Fund (the “Adviser”); and Jefferson National Life Insurance Company, a Texas life insurance company (the “Company”).

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