0001206774-09-001140 Sample Contracts

FORM OF DEPOSITARY and INFORMATION AGENT AGREEMENT
Agent Agreement • June 1st, 2009 • Delaware Investments Dividend & Income Fund, Inc • New York

THIS DEPOSITARY AGREEMENT (this “Agreement”) between Delaware Investments Dividend and Income Fund, Inc., a Maryland corporation (the “Purchaser”), and Mellon Investor Services LLC, a New Jersey limited liability company (“Mellon”), is dated as of May [ ], 2009.

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