0000894189-17-002217 Sample Contracts

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • April 27th, 2017 • Merger Fund • Wisconsin

THIS AGREEMENT is made and effective as of January 1, 2017, by and between THE MERGER FUND, a Massachusetts trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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THE MERGER FUND FOURTH AMENDMENT TO THE FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • April 27th, 2017 • Merger Fund

THIS FOURTH AMENDMENT, effective as of January 1, 2017, to the Fund Accounting Servicing Agreement, dated as of January 1, 2006, as amended February 26, 2008, January 19, 2011 and July 9, 2013 (the “Agreement”), is entered into by and between THE MERGER FUND, a Delaware statutory trust, (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”)

AMENDED AND RESTATED FEE WAIVER AGREEMENT
Fee Waiver Agreement • April 27th, 2017 • Merger Fund

AGREEMENT, this Amended and Restated Fee Waiver Agreement (this “Agreement”) is made and entered into as of April 26, 2016 (the “Effective Date”) between The Merger Fund, a Massachusetts business trust (the “Fund”), and Westchester Capital Management, LLC, a Delaware limited liability company (the “Adviser”).

THE MERGER FUND SECOND AMENDMENT TO THE AMENDED AND RESTATED TRANSFER AGENT AGREEMENT
Transfer Agent Agreement • April 27th, 2017 • Merger Fund

THIS SECOND AMENDMENT, effective as of January 1, 2017 to the Amended and Restated Transfer Agent Servicing Agreement dated January 19, 2011 (the "Agreement"), as amended July 9, 2013, is entered into by and between THE MERGER FUND, a Massachusetts trust, and U.S. BANCORP FUND SERVICES, LLC.

THE MERGER FUND THIRD AMENDMENT TO THE AMENDED AND RESTATED CUSTODY AGREEMENT
Custody Agreement • April 27th, 2017 • Merger Fund

THIS THIRD AMENDMENT, effective as of January 1, 2017, to the Amended and Restated Custody Agreement dated as of July 15, 2008, as amended January 19, 2011 and July 9, 2013 (the "Agreement"), is entered into by and between THE MERGER FUND, a Massachusetts trust, (the “Trust”) and U.S. BANK, N.A., a national banking association (the “Custodian”)

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