FORM N-PX ANNUAL REPORT OF PROXY VOTING RECORD OF THE ARBITRAGE FUND Investment Company Act File Number: 811-09815 REGISTRANT The Arbitrage Funds 41 Madison Ave 28th Floor Suite 2802 New York, NY 10010 Registrant's telephone number, including area code: 1-800-295-4485 AGENT FOR SERVICE John S. Orrico 41 Madison Ave 28th Floor Suite 2802 New York, NY 10010 Date of fiscal year end: May 31 For the Fiscal Year: July 1, 2009 to June 30, 2010 1 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED AIRVANA CUSIP: 00950V101 Ticker: AIRV Meeting Date: 04/09/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For ALLIED CAPITAL CUSIP: 01903Q108 Ticker: ALD Meeting Date: 03/26/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For ALLIED DEFENSE GROUP CUSIP: 019118108 Ticker: ADG Meeting Date: 04/08/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For ALPHA NATURAL RESOURCES CUSIP: 02076X102 Ticker: ANR Meeting Date: 07/31/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For AMICAS CUSIP: 001712108 Ticker: AMCS Meeting Date: 02/19/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For AMICAS, INC. CUSIP: 017121080 Ticker: AMCS Meeting Date: 03/04/10 (Not Valid/ Board No Longer Supported Merger) 1. To Approve the Merger Issuer Not Valid Did Not Vote 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer Not Valid Did Not Vote 2 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED ATHABASCA POTASH CUSIP: 04682P101 Ticker: API CN Meeting Date: 03/17/10 1. To Approve Acquisition Terms Issuer For Voted - For ATLAS ENERGY RESOURCES CUSIP: 049303100 Ticker: ATN Meeting Date: 09/25/09 1. To Approve the Merger Issuer For Voted - For AXSYS TECHNOLOGIES CUSIP: 054615109 Ticker: AXYS Meeting Date: 09/01/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For BERENS ENERGY CUSIP: 083684100 Ticker: BEN CN Meeting Date: 02/24/10 1. To Approve Matters/Resolution Issuer For Voted - For BEVERLY NATIONAL CUSIP: 088115100 Ticker: BNV Meeting Date: 10/08/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For BJ SERVICES CUSIP: 055482103 Ticker: BJS Meeting Date: 03/19/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For BLACK AND DECKER CUSIP: 091797100 Ticker: BDK Meeting Date: 03/12/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 3 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED BORLAND SOFTWARE CUSIP: 099849101 Ticker: BORL Meeting Date: 07/22/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For BOWNE & CO. INC. CUSIP: 103043105 Ticker: BNE Meeting Date: 05/26/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For BRINK'S HOME SECURITY CUSIP: 109699108 Ticker: CFL Meeting Date: 05/12/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For BURLINGTON NORTHERN SANTA FE CUSIP: 12189T104 Ticker: BNI Meeting Date: 02/11/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For CANDELA CUSIP: 136907102 Ticker: CLZR Meeting Date: 01/05/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For CANPLATS RESOURCES CUSIP: 138054101 Ticker: CPQ CN Meeting Date: 01/28/10 1. To Approve Matters/Resolution Issuer For Voted - For 4 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED CELLDEX THERAPEUTICS CUSIP: 15117B103 Ticker: CLDX Meeting Date: 12/16/09 1. Vote F or Election of Larry Ellberger, Anthony S. Marucci, Herbert J. Conrad, George O. Elston, Karen Shoo Lipton, Dr. Rajesh B. Parekh, Harry H. Penner, Charles R. Schaller, And Timothy Shannon. Issuer For Voted - For 2. Ratification of Priceaterhousecoopers Llp as Independent Registered Public Accountants Issuer For Voted - For 1. To Approve Matters/Resolution Issuer For Voted - For CENTEX CUSIP: 152312104 Ticker: CTX Meeting Date: 08/18/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For CURAGEN CUSIP: 23126R101 Ticker: CRGN Meeting Date: 09/30/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For D&E COMMUNICATIONS CUSIP: 232860106 Ticker: DECC Meeting Date: 09/24/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For DATA DOMAIN CUSIP: 23767P109 Ticker: DDUP Meeting Date: 07/02/09 1. Vote F or Election of Roald Bernal, Aneel Bhusri, And Jeffrey Miller Issuer For Voted - For 2. Ratification of Ernst & Young Llp as Independent Registered Public Accountants Issuer For Voted - For 3. To Approve Matters/Resolution Issuer For Voted - For EMULEX CUSIP: 292475209 Ticker: ELX Meeting Date: 07/10/09 1. To Approve Matters/Resolution Issuer For Voted - For 5 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED 2. Vote F or Election of Eric Brandt, And Arthur Chong Issuer For Voted - For 3. To Approve Matters/Resolution Issuer For Voted - For 4. To Approve Matters/Resolution Issuer For Voted - For 5. To Approve Matters/Resolution Issuer For Voted - For ENTRUST CUSIP: 293848107 Ticker: ENTU Meeting Date: 07/28/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For ENTRUST CUSIP: 293948107 Ticker: ENTU Meeting Date: 07/10/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For EVEREADY CUSIP: 29977E107 Ticker: EIS CN Meeting Date: 07/15/09 1. To Fix the Number of Directors To Be Elected Issuer For Voted - For 2. To Vote F or Election Management Proposed Nominees Issuer For Voted - For 3. Appointment of Ernst & Young Llp as Auditors Issuer For Voted - For 4. To Approve the Merger Issuer For Voted - For FGX INTERNATIONAL CUSIP: 00B28CLY2 Ticker: FGXI Meeting Date: 03/09/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For FIBERTNET TELECOM GROUP INC. CUSIP: 315653402 Ticker: FTGX Meeting Date: 09/09/09 1. To Approve the Merger Issuer For Voted - For 6 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For FINANCIAL FEDERAL CUSIP: 317492106 Ticker: FIF Meeting Date: 02/16/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For FNX MINING CUSIP: 30253R101 Ticker: FNX CN Meeting Date: 05/19/10 1. To Approve the Merger Issuer For Voted - For FOUNDATION COAL HOLDINGS CUSIP: 35039W100 Ticker: FCL Meeting Date: 07/31/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For GENESIS LEASE CUSIP: 37183T107 Ticker: GLS Meeting Date: 03/23/10 1. To Approve the Plan of Amalgamation Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For GOLDLEAF FINANCIAL SOLUTIONS CUSIP: 38144H208 Ticker: GFSI Meeting Date: 09/29/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For GREY WOLF EXPLORATION CUSIP: 397888108 Ticker: GW Meeting Date: 07/23/09 1. To Approve the Merger Issuer For Voted - For 2. To Vote F or Election the of Nominees Set Forth In the Information Circular Issuer For Voted - For 3. Appointment of Deloitte & Touche Llp as Auditors Issuer For Voted - For 7 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED HARVEST ENERGY TRUST CUSIP: 41752X101 Ticker: HTE-U CN Meeting Date: 12/15/09 1. To Approve Matters/Resolution Issuer For Voted - For HI-SHEAR TECHNOLOGY CUSIP: 42839Y104 Ticker: HSR Meeting Date: 11/19/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For ICO INC. CUSIP: 449293109 Ticker: ICOC Meeting Date: 04/28/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For INTELLON CUSIP: 45816W504 Ticker: ITLN Meeting Date: 12/11/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 3. To Transact Business Brought Before the Meeting Issuer For Voted - For INTERNATIONAL ROYALTY CUSIP: 460277106 Ticker: IRC CN Meeting Date: 02/16/10 1. To Approve Matters/Resolution Issuer For Voted - For INTERSTATE HOTELS & RESORTS CUSIP: 46088S106 Ticker: IHR Meeting Date: 03/11/10 1. To Approve the Plan of Amalgamation Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For IOWA TELECOMMUNICATION SERVICES CUSIP: 462594201 Ticker: IWA Meeting Date: 03/25/10 1. To Approve the Merger Issuer For Voted - For 8 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED IPC HOLDINGS CUSIP: BMG4933P1014 Ticker: IPCR Meeting Date: 09/04/09 1. To Approve the Merger Issuer For Voted - For 2. To Approve Matters/Resolution Issuer For Voted - For 3. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For K-TRON INTERNATIONAL CUSIP: 482730108 Ticker: KTII Meeting Date: 03/09/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For KHD HUMBOLDT WEDAG INT. CUSIP: 482462108 Ticker: KHD Meeting Date: 03/26/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For LIBERTY MEDIA CUSIP: 53071M500 Ticker: LMDIA Meeting Date: 11/19/09 1. To Approve the Redemption Proposal Issuer For Voted - For 2a. To Approve the Split-Off Issuer For Voted - For 2b. To Approve the Merger Issuer For Voted - For 2c. To Approve the Contribution Proposal Issuer For Voted - For 3. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For LIVINGSTON INTERNATIONAL INCOME FUND CUSIP: 538672106 Ticker: LIV-U CN Meeting Date: 11/24/09 1. To Approve the Merger Issuer Against Voted - Against LODGIAN CUSIP: 54021P403 Ticker: LGN Meeting Date: 04/15/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 9 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED LOGICVISION CUSIP: 54140W305 Ticker: LGVN Meeting Date: 08/18/09 1. To Approve the Merger Issuer For Voted - For 2. Vote F or Election of Gregg Adkin, James Healy, Randall Hughes, Richard Okumoto, Matthew Raggett, And Richard Yonker Issuer For Voted - For 3. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For MAGELLAN MIDSTREAM HOLDINGS CUSIP: 55907R108 Ticker: MGG Meeting Date: 09/25/09 1. To Approve the Merger Issuer For Voted - For 2. To Approve Matters/Resolution Issuer For Voted - For 3. To Approve Contributions Issuer For Voted - For 4. To Approve Liquidation Issuer For Voted - For 5. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For MARVEL ENTERTAINMENT CUSIP: 57383T103 Ticker: MVL Meeting Date: 12/31/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For METAVANTE TECHNOLOGIES CUSIP: 591407101 Ticker: MV Meeting Date: 09/04/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For MILLIPORE CORPORATION CUSIP: 601073109 Ticker: MIL Meeting Date: 06/03/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For MSC SOFTWARE CUSIP: 553531104 Ticker: MSCS Meeting Date: 10/09/09 1. To Approve the Merger Issuer For Voted - For 10 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For MSC SOFTWARE CUSIP: 553531104 Ticker: MSCS Meeting Date: 09/30/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For NATCO GROUP CUSIP: 89148B101 Ticker: NTG Meeting Date: 11/18/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For NYFIX CUSIP: 629491101 Ticker: NYFX Meeting Date: 11/03/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For ON2 TECHNOLOGIES CUSIP: 68338A107 Ticker: ONT Meeting Date: 02/17/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For Meeting Date: 12/18/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For PECO II INC. CUSIP: 705221208 Ticker: PIII Meeting Date: 04/15/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 11 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED PEPSI BOTTLING GROUP CUSIP: 713409100 Ticker: PBG Meeting Date: 02/17/10 1. To Approve the Merger Issuer For Voted - For PEPSIAMERICAS CUSIP: 71343P200 Ticker: PAS Meeting Date: 02/17/10 1. To Approve the Merger Issuer For Voted - For PLATO LEARNING INC. CUSIP: 72764Y100 Ticker: TUTR Meeting Date: 05/19/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For QUADRAMED CUSIP: 74730W507 Ticker: QDHC Meeting Date: 03/09/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For RCN CORPORATION CUSIP: 749361200 Ticker: RCNI Meeting Date: 05/19/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For REPUBLIC FIRST BANCORP CUSIP: 760416107 Ticker: FRBK Meeting Date: 12/23/09 1. Vote F or Election of Robert J. Coleman, Lyle W. Hall, Jr, And Harris Wildstein Issuer For Voted - For RISKMETRICS GROUP, INC. CUSIP: 767735103 Ticker: RISK Meeting Date: 05/27/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 12 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED SCHERING-PLOUGH CUSIP: 806605101 Ticker: SGP Meeting Date: 08/07/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SILICON STORAGE CUSIP: 827057100 Ticker: SSTI Meeting Date: 04/08/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SIRF TECHNOLOGY CUSIP: 82967H101 Ticker: SIRF Meeting Date: 06/25/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SKILLSOFT PLC. CUSIP: 830928107 Ticker: SKIL Meeting Date: 04/06/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SOFTBRANDS INC. CUSIP: 83402A107 Ticker: SBN Meeting Date: 08/12/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SPSS CUSIP: 78462K102 Ticker: SPSS Meeting Date: 10/02/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 13 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED STARENT NETWORKS CUSIP: 85528P108 Ticker: STAR Meeting Date: 12/11/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For STARLIMS TECHNOLOGIES CUSIP: B0Q7480 US Ticker: LIMS Meeting Date: 02/16/10 1. To Approve the Merger Issuer For Voted - For 1a. Affiliation With Merger Participants? Issuer Against Voted - Withheld 1b. Personal Interest In Merger? Issuer Against Voted - Withheld SUAI CUSIP: 84751T309 Ticker: SUAI Meeting Date: 11/10/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SUMTOTAL SYSTEMS CUSIP: 866615107 Ticker: SUMT Meeting Date: 07/21/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SUN MICROSYSTEMS CUSIP: 866810203 Ticker: JAVA Meeting Date: 07/16/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For SUNAIR SERVICES CUSIP: 867017105 Ticker: SNR Meeting Date: 12/14/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 14 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED TEPPCO PARTNERS CUSIP: 872384102 Ticker: TPP Meeting Date: 10/23/09 1. To Approve the Merger Issuer For Voted - For TUNDRA SEMICONDUCTOR CUSIP: 89972P101 Ticker: TUN CN Meeting Date: 06/15/09 1. To Approve the Merger Issuer For Voted - For TWEEN BRANDS CUSIP: 901166108 Ticker: TWB Meeting Date: 11/25/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For VARIAN CUSIP: 922206107 Ticker: VARI Meeting Date: 10/05/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For VIGNETTE CUSIP: 926734401 Ticker: VIGN Meeting Date: 07/21/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 3. To Approve Matters/Resolution Issuer For Voted - For VIRGIN MOBILE USA CUSIP: 92769R108 Ticker: VM Meeting Date: 11/24/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 15 THE ARBITRAGE FUND PROPOSAL PROPOSED BY MGT. POSITION REGISTRANT VOTED WEST ENERGY LTD. CUSIP: 952696102 Ticker: WTL CN Meeting Date: 05/11/10 1. To Approve the Merger Issuer For Voted - For WYETH CUSIP: 983024100 Ticker: WYE Meeting Date: 07/20/09 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 3. Vote F or Election of Robert Amen, Michael Critelli, Frances Fergusson, Vict or Ganzi, Robert Langer, John Mascotte, Raymond McGuire, Mary Lake Polan, Bernard Poussot, Gary Rogers, And John Torell III Issuer For Voted - For 2. Ratification of PricewaterhouseCoopers Llp as Independent Registered Public Accountants Issuer Against Voted - Against 5. To Approve Stockholder Proposal Issuer Against Voted - Against 6. To Approve Stockholder Proposal Issuer For Voted - For ZENITH NATIONAL INSURANCE CUSIP: 989390109 Ticker: ZNT Meeting Date: 04/29/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For ZILOG CUSIP: 989524301 Ticker: ZILG Meeting Date: 02/17/10 1. To Approve the Merger Issuer For Voted - For 2. To Adjourn or Postpone Special Meeting, If Necessary, To Solicit Additional Proxies. Issuer For Voted - For 16 SIGNATURES Pursuant to the requirements of the Investment Company Act of 1940, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. THE ARBITRAGE FUNDS - ------------------------------- By: /s/ John S. Orrico President and Treasurer Date: August 25, 2010 17