0000950123-09-011396 Sample Contracts

Contract
Custody Agreement • June 4th, 2009 • MVC Capital, Inc.

THIS AMENDMENT dated as of April 6, 2009, to the Custody Agreement, dated as of November 1, 2002, as amended February 10, 2006, May 1, 2006 and June 14, 2006 (the “Agreement”), is entered into by and between MVC Capital, Inc., a Delaware corporation (the “Corporation”) and U.S. Bank, N.A., a national banking association (the “Custodian”).

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AMENDED AND RESTATED INVESTMENT ADVISORY AND MANAGEMENT AGREEMENT BETWEEN MVC CAPITAL, INC. AND THE TOKARZ GROUP ADVISERS LLC
Investment Advisory and Management Agreement • June 4th, 2009 • MVC Capital, Inc. • New York

Agreement made this 14th day of April 2009, by and between MVC Capital, Inc., a Delaware corporation (the “Fund”), and The Tokarz Group Advisers LLC, a Delaware limited liability company (the “Adviser”).

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Contract
Fund Accounting Servicing Agreement • June 4th, 2009 • MVC Capital, Inc.

THIS FIRST AMENDMENT dated as of April 6, 2009, to the Fund Accounting Servicing Agreement, dated as of February 1, 2006 (the “Agreement”), is entered into by and among MVC Capital, Inc., (the “Fund”), MVC Financial Services, Inc. (“MVCFS”) and U.S. Bancorp Fund Services, LLC, (“USBFS”).

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Contract
Fund Administration Servicing Agreement • June 4th, 2009 • MVC Capital, Inc.

THIS FIRST AMENDMENT dated as of April 6th, 2009, to the Fund Administration Servicing Agreement, dated as of February 1, 2006 (the “Agreement”), is entered into by and among MVC Capital, Inc., (the “Fund”), MVC Financial Services, Inc. (“MVCFS”) and U.S. Bancorp Fund Services, LLC, (“USBFS”).

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