ARTICLE I DEFINITIONSCustody Agreement • July 23rd, 2003 • Merger Fund Vl • Ohio
FUND PARTICIPATION AGREEMENT among THE MERGER FUND VL WESTCHESTER CAPITAL MANAGEMENT, INC. and THE TRAVELERS INSURANCE COMPANYFund Participation Agreement • September 4th, 2003 • Merger Fund Vl • New York
INVESTMENT ADVISORY AGREEMENT THIS INVESTMENT ADVISORY AGREEMENT (this "Agreement") is made as of July 1, 2003, by and between The Merger Fund VL, a Delaware statutory trust (the "Fund") and Westchester Capital Management, Inc. (the "Adviser")....Investment Advisory Agreement • July 23rd, 2003 • Merger Fund Vl • New York
FUND ACCOUNTING SERVICING AGREEMENT THIS AGREEMENT is made and entered into as of this 1st day of July, 2003, by and between The Merger Fund VL, a Delaware statutory trust (the "Fund") and U.S. Bancorp Fund Services, LLC, a Wisconsin limited liability...Fund Accounting Servicing Agreement • July 23rd, 2003 • Merger Fund Vl • Wisconsin
TRANSFER AGENT SERVICING AGREEMENT THIS AGREEMENT is made and entered into as of this 1st day of July, 2003, by and between The Merger Fund VL, a Delaware statutory trust (the "Fund") and U.S. Bancorp Fund Services, LLC, a Wisconsin limited liability...Transfer Agent Servicing Agreement • July 23rd, 2003 • Merger Fund Vl • Wisconsin
FUND ADMINISTRATION SERVICING AGREEMENT THIS AGREEMENT is made and entered into as of this 1st day of July, 2003, by and between The Merger Fund VL, a Delaware statutory trust (the "Fund") and U.S. Bancorp Fund Services, LLC, a Wisconsin limited...Fund Administration Servicing Agreement • July 23rd, 2003 • Merger Fund Vl • Wisconsin
THE MERGER FUND VL FUND ACCOUNTING SERVICING AGREEMENT THIS AGREEMENT is made and entered into this 11th day of January, 2006,Fund Accounting Servicing Agreement • April 25th, 2006 • Merger Fund Vl • Wisconsin
by and between THE MERGER FUND VL, a Delaware statutory trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).
AGREEMENT AND DECLARATION OF TRUSTTrust Agreement • January 10th, 2003 • Merger Fund Vl • Delaware
EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT AGREEMENT made this 1st day of July, 2003, between The Merger Fund VL, a Delaware statutory trust (the "Fund"), and Westchester Capital Management, Inc., a New York corporation (the "Adviser"). WHEREAS, the...Expense Waiver and Reimbursement Agreement • July 23rd, 2003 • Merger Fund Vl
SUBADVISORY AGREEMENT October 1, 2021Subadvisory Agreement • October 1st, 2021 • Merger Fund Vl • Delaware
The Merger Fund® VL (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.
INDEMNIFICATION AGREEMENTIndemnification Agreement • October 1st, 2021 • Merger Fund Vl
This Indemnification Agreement (this “Agreement”) is effective as of October 1, 2021, by and between (i) each trust whose name is set forth on the signature page (each such trust hereafter referred to as the “Trust”), acting on behalf of itself and each of its portfolio series, whether existing on the date hereof (as listed on Appendix A hereto) or subsequently established (the “Series”) and (ii) the trustee of the Trust whose name is set forth on the signature page (the “Trustee”).
AGREEMENT AMONG JOINT INSUREDSAgreement Among Joint Insureds • May 17th, 2010 • Merger Fund Vl
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.
PARTICIPATION AGREEMENTParticipation 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”).
ADMINISTRATIVE SERVICES AGREEMENTAdministrative 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 AGREEMENTExpense Waiver and Reimbursement Agreement • April 15th, 2015 • Merger Fund Vl
AGREEMENT made as of the 1st day of January 2015 between The Merger Fund VL, a Delaware statutory trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).
FORM OF AMENDMENT TO THECustody Agreement • April 18th, 2019 • Merger Fund Vl
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.
THE MERGER FUND® VL INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 1st, 2021 • Merger Fund Vl • Delaware
THIS AGREEMENT, effective as of the 1st day of October, 2021 (the “Contract Date”) by and between The Merger Fund® VL, a Delaware statutory trust (the “Fund”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).
Participation Agreement among The Merger Fund VL, Westchester Capital Management, Inc. and AGL Life Assurance CompanyParticipation Agreement • April 20th, 2011 • Merger Fund Vl • New York
FUND PARTICIPATION AGREEMENTFund 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.
ADMINISTRATION AGREEMENTAdministration Agreement • October 1st, 2021 • Merger Fund Vl • Delaware
This Administration Agreement is made effective as of the 1st day of October, 2021, by and between the trusts listed on Schedule A (each a “Trust” and together the “Trusts”) including the funds listed therein under each Trust (each, a “Fund” and together the “Funds”), and Virtus Fund Services, LLC, a Delaware limited liability company (the “Administrator”).
ADMINISTRATIVE SERVICES AGREEMENTAdministrative Services Agreement • April 20th, 2011 • Merger Fund Vl • New York
This ADMINISTRATIVE SERVICES AGREEMENT (“Agreement”) is made and entered into as of this 14th day of February 2011 by and among The Merger Fund VL, an 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, LLC, a limited liability company organized under the laws of the State of Delaware, 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 New York Life Insurance and Annuity Corporation, a life insurance company organized under the laws of the State of Delaware (the “Life Company”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • April 20th, 2011 • Merger Fund Vl • New York
THIS INVESTMENT ADVISORY AGREEMENT (this “Agreement”) is made as of January 1, 2011, by and between The Merger Fund VL, a Delaware statutory trust (the “Fund”) and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).
ADMINISTRATIVE SERVICE AGREEMENTAdministrative 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;
Joinder and Amendment to the Fund Administration Servicing AgreementsFund Administration Servicing Agreement • October 1st, 2021 • Merger Fund Vl • New York
This joinder and amendment (the “Joinder and Amendment”) to (i) the fund administration servicing agreement dated July 1, 2003, between The Merger Fund VL (“VL”) and U.S. Bancorp Fund Services, LLC, doing business as U.S. Bank Global Fund Services (“USBFS”), as amended on January 7, 2011, and January 1, 2019 (the “VL Agreement”); (ii) the fund administration servicing agreement dated January 1, 2017, between The Merger Fund (“TMF”) and USBFS, as amended on January 1, 2019 (the “TMF Agreement”); and (iii) the fund administration servicing agreement dated July 30, 2013 between Westchester Capital Funds (“WCF” and together with VL and TMF, the “Trusts”) and USBFS, as amended on January 1, 2017, January 1, 2018, and January 1, 2019 (the “WCF Agreement”), is made this 17th day of September, 2021, by and among:
FEE WAIVER AND EXPENSE REIMBURSEMENT AGREEMENTFee Waiver and Expense Reimbursement Agreement • October 1st, 2021 • Merger Fund Vl
This Fee Waiver and Expense Reimbursement Agreement (this “Agreement”) is made and entered into as of October 1, 2021 (the “Effective Date”) between each investment company listed on Appendix A hereto (each, a “Fund” and collectively, the “Funds”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).
THIRD AMENDED AND RESTATED FEE WAIVER AND EXPENSE REIMBURSEMENT AGREEMENTFee Waiver and Expense Reimbursement Agreement • April 23rd, 2024 • Merger Fund Vl
This Third Amended and Restated Fee Waiver and Expense Reimbursement Agreement (this “Agreement”) effective as of April 23, 2024 (the “Effective Date”), amends and restates that Corrected Second Amended and Restated Fee Waiver and Expense Reimbursement Agreement effective as of June 1, 2023, between each investment company listed on Appendix A hereto (each, a “Fund” and collectively, the “Funds”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).
SERVICES AGREEMENTServices Agreement • April 22nd, 2004 • Merger Fund Vl • New York
This Agreement is made as of October 20, 2003, between Ayco Services Agency, L.P., a Delaware limited partnership (“Ayco”), The Merger Fund VL (the “Fund”), a Delaware statutory trust and a registered investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and Westchester Capital Management, Inc. (the “Adviser”), a New York corporation and a registered investment adviser under the Investment Advisers Act of 1940, as amended.
ADMINISTRATIVE SERVICE AGREEMENTAdministrative Service Agreement • April 18th, 2007 • Merger Fund Vl • Connecticut
This ADMINISTRATIVE SERVICE AGREEMENT (“Agreement”) is made and entered into as of this 30th day of June 2004, by and among The Merger Fund VL, an open-end management investment company 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”); The Travelers Insurance Company, and The Travelers Life and Annuity Company, both Connecticut Corporations (collectively, the “Company”), on its own behalf and on behalf of each segregated asset account of the Company named on Schedule C hereto as may be amended from time to time (each such account hereinafter referred to as the “Account”).
Amended and Restated EXPENSE WAIVER AND REIMBURSEMENT AGREEMENTExpense Waiver and Reimbursement Agreement • April 22nd, 2004 • Merger Fund Vl
AGREEMENT made this 1st day of July, 2003, and amended on April 14, 2004, between The Merger Fund VL, a Delaware statutory trust (the “Fund”), and Westchester Capital Management, Inc., a New York corporation (the “Adviser”).
ADMINISTRATIVE SERVICE AGREEMENTAdministrative 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”).
FORM OF AMENDMENT TO THETransfer Agent Servicing Agreement • April 18th, 2019 • Merger Fund Vl
THIS AMENDMENT is made 1 January 2019 and amends (i) the transfer agent 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 transfer agent servicing agreement, dated January 19, 2011 between The Merger Fund (“Merger”) and Fund Services, and (iii) the transfer agent servicing agreement, dated July 30, 2013, between Westchester Capital Funds (“WCF” and together with Merger VL and Merger the “Trusts”) and Fund Services.
Private Placement Fund Participation Agreement Among The Merger Fund VL, Westchester Capital Management, Inc., And Hartford Life Insurance CompanyPrivate Placement Fund Participation Agreement • February 23rd, 2005 • Merger Fund Vl • Connecticut
THIS AGREEMENT, effective as of this 18th day of October, 2004 by and among Hartford Life Insurance Company ("Hartford"), a Connecticut corporation, on its behalf and on behalf of each separate account set forth on attached Schedule A as it may be amended from time to time (the "Separate Accounts"); The Merger Fund VL, a Delaware statutory trust (the "Trust"); and Westchester Capital Management, Inc., a New York corporation (the "Adviser").
FUND PARTICIPATION AGREEMENTFund Participation Agreement • April 20th, 2011 • Merger Fund Vl • New York
FIRST AMENDED AND RESTATED FEE WAIVER AND EXPENSE REIMBURSEMENT AGREEMENTFee Waiver and Expense Reimbursement Agreement • April 21st, 2023 • Merger Fund Vl
This First Amended and Restated Fee Waiver and Expense Reimbursement Agreement (this “Agreement”) is made and entered into as of January 1, 2023 (the “Effective Date”) between each investment company listed on Appendix A hereto (each, a “Fund” and collectively, the “Funds”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).
FORM OF AMENDMENT TO THEFund Accounting Servicing Agreement • April 18th, 2019 • Merger Fund Vl
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.
