0000898531-19-000251 Sample Contracts

FORM OF AMENDMENT TO THE
Custody Agreement • April 30th, 2019 • Merger Fund

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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FORM OF AMENDMENT TO THE
Fund Accounting Servicing Agreement • April 30th, 2019 • Merger Fund

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.

FUND ADMINISTRATION SERVICING AGREEMENTS
Fund Administration Servicing Agreement • April 30th, 2019 • Merger Fund

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.

FORM OF AMENDMENT TO THE
Transfer Agent Servicing Agreement • April 30th, 2019 • Merger Fund

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.

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