0000894189-09-000127 Sample Contracts

THE MERGER FUND AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • 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THIS AGREEMENT, originally made and entered into as of the 1st day of April, 1994, by and between THE MERGER FUND (the “Trust”) and U.S. BANK NATIONAL ASSOCIATION (f/k/a Firstar Bank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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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.

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.

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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