Virtus Event Opportunities Trust Sample Contracts

DISTRIBUTION AGREEMENT
Distribution Agreement • November 15th, 2013 • Westchester Capital Funds • Wisconsin

THIS AGREEMENT is made and entered into as of this 30th day of July, 2013, by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the “Trust”) and QUASAR DISTRIBUTORS, LLC, a Delaware limited liability company (the “Distributor). Westchester Capital Management, LLC, the investment advisor to the Trust (the “Advisor”), is a party hereto with respect to Section 5 only.

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FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • November 15th, 2013 • Westchester Capital Funds • Wisconsin

THIS AGREEMENT is made and entered into as of this 30th day of July, 2013, by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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DISTRIBUTION AGREEMENT
Distribution Agreement • March 1st, 2019 • Westchester Capital Funds • Delaware

THIS AGREEMENT is made and entered into as of February 4th, 2019 by and between Westchester Capital Funds, 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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WESTCHESTER CAPITAL FUNDS AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • August 9th, 2013 • Westchester Capital Funds • Massachusetts

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made on this 30th day of July, 2013, by the Trustees hereunder and by the holders of shares of beneficial interest issued hereunder as hereinafter provided, amending and restating the Agreement and Declaration of Trust dated March 20, 2013 (the “Original Declaration of Trust”).

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VIRTUS EVENT OPPORTUNITIES TRUST SUBADVISORY AGREEMENT October 1, 2021
Subadvisory Agreement • October 1st, 2021 • Virtus Event Opportunities Trust • Massachusetts

Virtus Event Opportunities Trust (the “Trust”) is an open-end investment company of the series type registered under the Investment Company Act of 1940, as amended (the “Act”), and is subject to the rules and regulations promulgated thereunder. The shares of the Trust are offered or may be offered in several series (sometimes hereafter referred to as the “Series”), including Virtus Westchester Event-Driven Fund and Virtus Westchester Credit Event Fund.

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FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 15th, 2013 • Westchester Capital Funds • Wisconsin

THIS AGREEMENT is made and entered into as of this 30th day of July, 2013, by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • November 15th, 2013 • Westchester Capital Funds • Wisconsin

THIS AGREEMENT is made and entered into as of this 30th day of July, 2013, by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the "Trust") and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("USBFS").

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CUSTODY AGREEMENT
Custody Agreement • November 15th, 2013 • Westchester Capital Funds • Minnesota

THIS AGREEMENT is made and entered into as of this 30th day of July, 2013, by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).

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BYLAWS OF WESTCHESTER CAPITAL FUNDS (dated as of March 20, 2013)
Westchester Capital Funds • March 27th, 2013
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VIRTUS EVENT OPPORTUNITIES TRUST INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 1st, 2021 • Virtus Event Opportunities Trust • Massachusetts

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

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FUND ADMINISTRATION SERVICING AGREEMENTS
Westchester Capital Funds • 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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TRANSFER AGENCY AND SERVICE AGREEMENT between each of The Merger Fund® Virtus Event Opportunities Trust and VIRTUS FUND SERVICES, LLC
Transfer Agency and Service Agreement • October 1st, 2021 • Virtus Event Opportunities Trust • Delaware

This AGREEMENT, effective the 1st day of October, 2021, is made by and between each of the undersigned entities (the series of which (if any, and if none for an undersigned entity the entity itself) are hereinafter each referred to as the “Fund” and collectively referred to as the “Funds”), severally and not jointly, and VIRTUS FUND SERVICES, LLC (hereinafter referred to as the “Transfer Agent”).

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WESTCHESTER CAPITAL FUNDS FIRST AMENDMENT TO THE DISTRIBUTION AGREEMENT
Distribution Agreement • November 16th, 2017 • Westchester Capital Funds

THIS FIRST AMENDMENT, effective as of January 1, 2018, to the Distribution Agreement, dated as of January 1, 2017, (the "Agreement"), is entered into by and between by Westchester Capital Funds, a Massachusetts business trust (the "Trust"), Quasar Distributors, LLC, a Delaware limited liability company (the "Distributor") and Westchester Capital Management, LLC.

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WESTCHESTER CAPITAL FUNDS FIRST AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • April 27th, 2017 • Westchester Capital Funds

THIS FIRST AMENDMENT, effective as of January 1, 2017, to the Fund Accounting Servicing Agreement, dated as of July 30, 2013, (the “Agreement”), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”)

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WESCHESTER CAPITAL FUNDS SECOND AMENDMENT TO THE CUSTODY AGREEMENT
Custody Agreement • November 16th, 2017 • Westchester Capital Funds

THIS SECOND AMENDMENT, effective as of January 1, 2018, to the Custody Agreement, dated as of July 30, 2013, (the "Agreement"), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the "Trust") and U.S. BANK, N.A., a national banking association (the "Custodian")

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EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT
Expense Waiver And • March 13th, 2015 • Westchester Capital Funds

AGREEMENT made as of the 3rd day of December 2014 between Westchester Capital Funds, a Massachusetts business trust (the “Trust”), in respect of its series, WCM Alternatives: Event-Driven Fund (the “Fund”) and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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AMENDED AND RESTATED EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT
Expense Waiver and Reimbursement Agreement • April 27th, 2017 • Westchester Capital Funds

AGREEMENT, this Amended and Restated Expense Waiver and Reimbursement Agreement (this “Agreement”) is made and entered into as of April 26, 2016 (the “Effective Date”) between Westchester Capital Funds, a Massachusetts business trust (the “Trust”), in respect of its series, WCM Alternatives: Event-Driven Fund (the “Fund”) and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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WESTCHESTER CAPITAL FUNDS SECOND AMENDMENT TO THE FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • November 16th, 2017 • Westchester Capital Funds

THIS SECOND AMENDMENT, effective as of January 1, 2018, to the Fund Administration Servicing Agreement, dated as of July 30, 2013, (the "Agreement"), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the "Trust") and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("USBFS")

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WESCHESTER CAPITAL FUNDS SECOND AMENDMENT TO THE CUSTODY AGREEMENT
Custody Agreement • April 30th, 2018 • Westchester Capital Funds

THIS SECOND AMENDMENT, effective as of January 1, 2018, to the Custody Agreement, dated as of July 30, 2013, (the “Agreement”), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the “Trust”) and U.S. BANK, N.A., a national banking association (the “Custodian”)

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INVESTMENT ADVISORY AGREEMENT WESTCHESTER CAPITAL FUNDS WCM Alternatives: Event-Driven Fund WCM Alternatives: Credit Event Fund
Investment Advisory Agreement • November 16th, 2017 • Westchester Capital Funds • Massachusetts

This Investment Advisory Agreement is executed as of November 13, 2013 by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the "Trust"), and WESTCHESTER CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the "Manager").

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EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT
Expense Waiver and Reimbursement Agreement • November 16th, 2017 • Westchester Capital Funds

AGREEMENT, this Expense Waiver and Reimbursement Agreement (this "Agreement") is made and entered into as of (the "Effective Date") between Westchester Capital Funds, a Massachusetts business trust (the "Trust"), in respect of its series, WCM Alternatives: Credit Event Fund (the "Fund") and Westchester Capital Management, LLC, a Delaware limited liability company (the "Adviser").

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INVESTMENT ADVISORY AGREEMENT WESTCHESTER CAPITAL FUNDS WCM Alternatives: Event-Driven Fund WCM Alternatives: Credit Event Fund
Investment Advisory Agreement • April 30th, 2018 • Westchester Capital Funds • Massachusetts

This Investment Advisory Agreement is executed as of November 13, 2013 by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the “Trust”), and WESTCHESTER CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the “Manager”).

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WESTCHESTER CAPITAL FUNDS FIRST AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • April 27th, 2017 • Westchester Capital Funds

THIS FIRST AMENDMENT, effective as of January 1, 2017, to the Transfer Agent Servicing Agreement, dated as of July 30, 2013, (the “Agreement”), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”)

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FORM OF AMENDMENT TO THE
Westchester Capital Funds • 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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EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT
Expense Waiver And • November 15th, 2013 • Westchester Capital Funds

AGREEMENT made as of the ___ day of ___________ 2013 between Westchester Capital Funds, a Massachusetts business trust (the “Trust”), in respect of its series, WCM Alternatives: Event-Driven Fund (the “Fund”) and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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WESTCHESTER CAPITAL FUNDS SECOND AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Accounting Servicing Agreement • April 30th, 2018 • Westchester Capital Funds

THIS SECOND AMENDMENT, effective as of January 1, 2018, to the Fund Accounting Servicing Agreement, dated as of July 30, 2013, (the “Agreement”), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”)

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VIRTUS EVENT OPPORTUNITIES TRUST FIRST AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • April 25th, 2024 • Virtus Event Opportunities Trust • Massachusetts

THIS AMENDMENT effective as of the 1st day of June, 2023 amends that certain Investment Advisory Agreement dated as of October 1, 2021 (the “Agreement”) by and between Virtus Event Opportunities Trust, a Massachusetts business trust (the “Trust”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).

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WESTCHESTER CAPITAL FUNDS SECOND AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
Agent Servicing Agreement • April 30th, 2018 • Westchester Capital Funds

THIS SECOND AMENDMENT, effective as of January 1, 2018, to the Transfer Agent Servicing Agreement, dated as of July 30, 2013, (the “Agreement”), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”)

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WESTCHESTER CAPITAL FUNDS FIRST AMENDMENT TO THE DISTRIBUTION AGREEMENT
Distribution Agreement • April 30th, 2018 • Westchester Capital Funds

THIS FIRST AMENDMENT, effective as of January 1, 2018, to the Distribution Agreement, dated as of January 1, 2017, (the “Agreement”), is entered into by and between by Westchester Capital Funds, a Massachusetts business trust (the “Trust”), Quasar Distributors, LLC, a Delaware limited liability company (the “Distributor”) and Westchester Capital Management, LLC.

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WESTCHESTER CAPITAL FUNDS SECOND AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • November 16th, 2017 • Westchester Capital Funds

THIS SECOND AMENDMENT, effective as of January 1, 2018, to the Fund Accounting Servicing Agreement, dated as of July 30, 2013, (the "Agreement"), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the "Trust") and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company ("USBFS")

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WESCHESTER CAPITAL FUNDS FIRST AMENDMENT TO THE CUSTODY AGREEMENT
Custody Agreement • April 27th, 2017 • Westchester Capital Funds

THIS FIRST AMENDMENT, effective as of January 1, 2017, to the Custody Agreement, dated as of July 30, 2013, (the “Agreement”), is entered into by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust, (the “Trust”) and U.S. BANK, N.A., a national banking association (the “Custodian”)

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FORM OF AMENDMENT TO THE
Westchester Capital Funds • 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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SECOND AMENDED AND RESTATED EXPENSE WAIVER AND REIMBURSEMENT AGREEMENT
Expense Waiver and Reimbursement Agreement • April 28th, 2020 • Westchester Capital Funds

AGREEMENT, this Second Amended and Restated Expense Waiver and Reimbursement Agreement (this “Agreement”) is made and entered into as of January 1, 2020 (the “Effective Date”) between Westchester Capital Funds, a Massachusetts business trust (the “Trust”), in respect of its series, WCM Alternatives: Event-Driven Fund (the “Fund”) and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

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FORM OF INVESTMENT ADVISORY AGREEMENT WCM Alternatives: Event-Driven Fund
Form of Investment Advisory Agreement • November 15th, 2013 • Westchester Capital Funds • Massachusetts

This Investment Advisory Agreement is executed as of __________, 2013 by and between WESTCHESTER CAPITAL FUNDS, a Massachusetts business trust (the “Trust”), and WESTCHESTER CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the “Manager”).

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UNDERWRITING AGREEMENT
Underwriting Agreement • October 1st, 2021 • Virtus Event Opportunities Trust • Massachusetts

THIS AGREEMENT made as of this 1st day of October, 2021, by and between Virtus Event Opportunities Trust, a Massachusetts business trust having a place of business located at 101 Munson Street, Suite 104, Greenfield, Massachusetts 01301 (the “Trust”) 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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