Common use of Creation and Declaration of Trust; Business of the Trust Clause in Contracts

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold from Xxxxxxx Specialist Group LLC, the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Palladium from Xxxxxxx Specialist Group LLCSusquehanna Capital Group, the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Palladium Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold from Xxxxxxx Specialist Group LLC_______________, the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Beneficial Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Merk Gold Trust”.” The Trustee hereby confirms that, in exchange for the initial deposit of Gold, the Trustee has issued a global Certificate to DTC and that, upon the initial registration statement for the sale of the Shares being declared effective, the Trustee will direct DTC to credit the initial depositor of Gold with the number of Baskets represented by such initial deposit of Gold. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Bullion from Xxxxxxx Specialist Group LLCJPMorgan Chase Bank, N.A., London Branch, the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold White Metals Basket Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold gold from Xxxxxxx Specialist Group Virtu Financial BD LLC, the initial purchaser of the first Basket of SharesBaskets, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Metal Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Beneficial Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Perth Mint Physical Gold Trust”ETF.” The Trustee hereby confirms that, in exchange for the initial deposit of gold, the Trustee has issued a global Certificate to DTC and that, upon the initial registration statement for the sale of the Shares being declared effective, the Trustee will direct DTC to credit the initial depositor of gold with the number of Baskets represented by such initial deposit of gold. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the The Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, other than the Shares and shall not otherwise incur, assume or guarantee any indebtedness for money borrowed, except as provided in Section 2.3(e) of this Agreement.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Platinum from Xxxxxxx Specialist Group LLC, the initial purchaser of the first Basket of Shares, Shares and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Platinum Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold from Xxxxxxx Specialist Group LLC[•], the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Asian Gold Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Silver from Xxxxxxx Specialist Group LLC, the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Silver Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold gold from Xxxxxxx Specialist Group LLC[NAME OF INITIAL PURCHASER], the initial purchaser of the first Basket of SharesBaskets, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Metal Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Beneficial Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Perth Mint Physical Gold Trust”ETF.” The Trustee hereby confirms that, in exchange for the initial deposit of gold, the Trustee has issued a global Certificate to DTC and that, upon the initial registration statement for the sale of the Shares being declared effective, the Trustee will direct DTC to credit the initial depositor of gold with the number of Baskets represented by such initial deposit of gold. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the The Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, other than the Shares and shall not otherwise incur, assume or guarantee any indebtedness for money borrowed, except as provided in Section 2.3(e) of this Agreement.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Bullion from Xxxxxxx Specialist Group LLC[•], the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold White Metals Basket Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Palladium from Xxxxxxx Specialist Group LLC, the initial purchaser of the first Basket of Shares, Shares and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Palladium Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Palladium from Xxxxxxx Specialist Group LLC[ ], the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Palladium Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Silver from Xxxxxxx Specialist Group LLC, the initial purchaser of the first Basket of Shares, Shares and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Silver Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Platinum from Xxxxxxx Specialist Group LLC[_____], the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Platinum Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold from Xxxxxxx Specialist Group LLCJPMorgan Chase Bank, N.A., London Branch, the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Asian Gold Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.

Creation and Declaration of Trust; Business of the Trust. (a) The Trustee acknowledges that it has received confirmation from the Custodian that the Custodian has received an initial deposit of Gold Platinum from Xxxxxxx Specialist Group LLCSusquehanna Capital Group, the initial purchaser of the first Basket of Shares, and has credited such deposit to the Trust Allocated Account and Trust Unallocated Account. The Trustee declares that the initial deposit and all other Trust Property shall be owned by the Trust and the Trustee as trustee thereof for the benefit of the Registered Owners for the purposes of, and subject to and limited by the terms and conditions set forth in, this Agreement. The trust created by this Agreement shall be known as the “ETFS Gold Platinum Trust”. (b) The Trust shall not engage in any business or activities other than those authorized by this Agreement or incidental and necessary to carry out the duties and responsibilities set forth in this Agreement. Other than issuance of the Shares, the Trust shall not issue or sell any certificates or other obligations or, except as provided in this Agreement, otherwise incur, assume or guarantee any indebtedness for money borrowed.