0001104659-21-122053 Sample Contracts

THE MERGER FUND® SUBADVISORY AGREEMENT October 1, 2021
Subadvisory Agreement • October 1st, 2021 • Merger Fund • Massachusetts

The Merger Fund® (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.

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THE MERGER FUND® INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 1st, 2021 • Merger Fund • Massachusetts

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

FEE WAIVER AGREEMENT
Fee Waiver Agreement • October 1st, 2021 • Merger Fund

This Fee Waiver Agreement (this “Agreement”) is made and entered into as of October 1, 2021 between The Merger Fund, a Massachusetts business trust (the “Fund”), and Virtus Investment Advisers, Inc., a Massachusetts corporation (the “Adviser”).

UNDERWRITING AGREEMENT
Underwriting Agreement • October 1st, 2021 • Merger Fund • Massachusetts

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