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 received an initial deposit of Gold under and in accordance with the Original Depositary Trust Agreement from Barclays Capital Inc. The Trustee declares that it holds and will hold all Trust Property as trustee 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 governed by this Agreement was previously known as the “iShares® COMEX® Gold Trust” and is now known as the “iShares® 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 received an initial deposit of Gold under and in accordance with the Original Depositary Trust Agreement from Barclays Capital Inc. The Trustee declares that it holds and will hold all Trust Property as trustee 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 governed by this Agreement was previously Agreement, heretofore known as the “iShares® COMEX® Gold Trust” and is now ”, shall hereafter be known as the “iShares® 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.