Common use of Formation of Trust Clause in Contracts

Formation of Trust. (a) The trust formed hereby shall be known as “NYDIG Bitcoin ETF” (the “Trust”) in which name the Sponsor or the Trustee may conduct the business of the Trust to the extent provided herein, make and execute contracts, and xxx and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1, which amount shall constitute the initial trust estate. The trust estate shall be held in trust for the Sponsor. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Act”) and that this Trust Agreement constitute the governing instrument of the Trust. The Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in the form attached hereto. (c) The Trustee is hereby authorized and directed to enter into such documents and take such other action only as the Sponsor specifically directs in written instructions delivered to the Trustee; provided, however, the Trustee shall not be required to take any action if the Trustee shall determine, or shall be advised by counsel, that such action is likely to result in personal liability or is contrary to applicable law or any agreement to which the Trustee is a party. The Sponsor shall have the exclusive authority to manage the business and affairs of the Trust as an agent of the Trust pursuant to Section 3806(b)(7) of the Delaware Act. (d) The purpose of the Trust is to invest in and hold bitcoin for the benefit of the shareholders and to engage in only those other activities necessary, advisable or incidental thereto. The Sponsor and the Trustee will enter into an amended and restated Trust Agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance of the common shares of beneficial interests of the Trust (collectively, the “Shares”).

Formation of Trust. (a) The trust formed hereby shall be known as “NYDIG Global X Bitcoin ETFTrust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the business of the Trust to the extent provided herein, make and execute contracts, and xxx and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1, which amount shall constitute the initial trust estate. The trust estate shall be held in trust for the Sponsor. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Act”) and that this Trust Agreement constitute the governing instrument of the Trust. The Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in the form attached hereto. (c) The Trustee is hereby authorized and directed to enter into such documents and take such other action only as the Sponsor specifically directs in written instructions delivered to the Trustee; provided, however, the Trustee shall not be required to take any action if the Trustee shall determine, or shall be advised by counsel, that such action is likely to result in personal liability or is contrary to applicable law or any agreement to which the Trustee is a party. The Sponsor shall have the exclusive authority to manage the business and affairs of the Trust as an agent of the Trust pursuant to Section 3806(b)(7) of the Delaware Act. (d) The purpose of the Trust is to invest in and hold bitcoin for the benefit of the shareholders and to engage in only those other activities necessary, advisable or incidental thereto. The Sponsor and the Trustee will enter into an amended and restated Trust Agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance of the common shares of beneficial interests of the Trust (collectively, the “Shares”).

Formation of Trust. (a) The trust formed created hereby shall be known as “NYDIG Bitcoin ETFDB-New York Nuclear Uranium Fund” (the “Trust”) in which name the Sponsor or the Owner Trustee may conduct the business of the Trust to the extent provided hereinTrust, make and execute contracts, and xxx and be sued. (b) The Sponsor Managing Owner hereby assigns, transfers, conveys and sets over to the Trust the sum of $11,000. The Owner Trustee hereby acknowledges that the Trust has received such amount in bank accounts in the name of the Trust controlled by the Managing Owner, which amount shall constitute the initial trust estate. The Owner Trustee hereby declares that it will hold the trust estate shall be held in trust for the SponsorManaging Owner. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Act”) and that this Trust Agreement constitute the governing instrument of the Trust. The Owner Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in the form attached hereto. (c) The Owner Trustee is hereby authorized and directed to enter into such documents and take such other action only as the Sponsor Managing Owner specifically directs in written instructions delivered to the Owner Trustee; provided, however, the Owner Trustee shall not be required to take any action if the Owner Trustee shall determine, or shall be advised by counsel, that such action is likely to result in personal liability or is contrary to applicable law or any agreement to which the Owner Trustee is a party. The Sponsor shall have the exclusive authority to manage the business and affairs of the Trust as an agent of the Trust pursuant to Section 3806(b)(7) of the Delaware Act. (d) The purpose of the Trust is to invest in and hold bitcoin for the benefit of the shareholders and to engage in only those other activities necessary, advisable or incidental thereto. The Sponsor and the Trustee will enter into an amended and restated Trust Agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance of the common shares of beneficial interests of the Trust (collectively, the “Shares”).

Formation of Trust. (a) The trust formed hereby shall be known as “NYDIG Pxxxx Asset Spot Bitcoin ETFTrust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the business of the Trust to the extent provided herein, make and execute contracts, and xxx sue and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1, which amount shall constitute the initial trust estate. The trust estate shall be held in trust for the Sponsor. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Act”) and that this Trust Agreement constitute the governing instrument of the Trust. The Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in the form attached hereto. (c) The Trustee is hereby authorized and directed to enter into such documents and take such other action only as the Sponsor specifically directs in written instructions delivered to the Trustee; provided, however, the Trustee shall not be required to take any action if the Trustee shall determine, or shall be advised by counsel, that such action is likely to result in personal liability or is contrary to applicable law or any agreement to which the Trustee is a party. The Sponsor shall have the exclusive authority to manage the business and affairs of the Trust as an agent of the Trust pursuant to Section 3806(b)(7) of the Delaware Act. (d) The purpose of the Trust is to invest in and hold bitcoin for the benefit of the shareholders and to engage in only those other activities necessary, advisable or incidental thereto. The Sponsor and the Trustee will enter into an amended and restated Trust Agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance of the common shares of beneficial interests of the Trust (collectively, the “Shares”).

Formation of Trust. (a) The trust formed hereby shall be known as “NYDIG Kryptoin Bitcoin ETFETF Trust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the business of the Trust to the extent provided herein, make and execute contracts, and xxx and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1, which amount shall constitute the initial trust estate. The trust estate shall be held in trust for the Sponsor. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Act”) and that this Trust Agreement constitute the governing instrument of the Trust. The Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in the form attached hereto. (c) The Trustee is hereby authorized and directed to enter into such documents and take such other action only as the Sponsor specifically directs in written instructions delivered to the Trustee; provided, however, the Trustee shall not be required to take any action if the Trustee shall determine, or shall be advised by counsel, that such action is likely to result in personal liability or is contrary to applicable law or any agreement to which the Trustee is a party. The Sponsor shall have the exclusive authority to manage the business and affairs of the Trust as an agent of the Trust pursuant to Section 3806(b)(7) of the Delaware Act. (d) The purpose of the Trust is to invest in and hold bitcoin for the benefit of the shareholders and to engage in only those other activities necessary, advisable or incidental thereto. The Sponsor and the Trustee will enter into an amended and restated Trust Agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance of the common shares of beneficial interests of the Trust (collectively, the “Shares”).

Formation of Trust. (a) The trust formed created hereby shall be known as “NYDIG Bitcoin ETF” (the “Trust”) shall be known as “Solo Cup Xxxxxx Xxxxx Holdings,” in which name the Sponsor or the Trustee Beneficial Owner may conduct the business of the Trust to the extent provided hereinTrust, make and execute contracts, and xxx and be sued. (b) The Sponsor hereby assignsBeneficial Owner shall assign, transfers, conveys transfer and sets over convey to the Trust the sum of $1certain real property commonly known as 9830 and 00000 Xxxxxxxxxxxx Xxxx, which amount Xxxxxx Xxxxx, Xxxxxxxx. Such real property shall constitute the initial trust estate. The trust estate shall , and no other property, assets or rights (including, without limitation, any person property) is presently intended to be held in trust for assigned, transferred and/or conveyed to the SponsorTrust. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Act”) and that this Trust Agreement constitute the governing instrument of the Trust. The Delaware Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in substantially the form attached hereto. (c) For the avoidance of doubt, all responsibility for the management of the Trust and the Trust property (including, without limitation, authority to make any and all decisions with respect to the operation and disposition of the Trust property) shall be vested in the Beneficial Owner. The Delaware Trustee is hereby authorized and directed to, but shall not be required to enter into such documents and (except in the case of the Trustee Duties (as defined below)), take such other action only as the Sponsor Beneficial Owner specifically directs in written instructions delivered to the Delaware Trustee; provided, however, the Trustee shall not be required to take any action if the Trustee shall determine, or shall be advised by counsel, that such action is likely to result in personal liability or is contrary to applicable law or any agreement to which the Trustee is a party. The Sponsor shall have the exclusive authority Beneficial Owner is hereby authorized to manage the business execute and affairs deliver on behalf of the Trust as an agent of Trust, and to cause the Trust pursuant to Section 3806(b)(7) of the Delaware Actperform, any and all documents, agreements and instruments. (d) The purpose of the Trust is to invest in and hold bitcoin for the benefit of the shareholders and to engage in only those other activities necessary, advisable or incidental thereto. The Sponsor and the Trustee will enter into an amended and restated Trust Agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance of the common shares of beneficial interests of the Trust (collectively, the “Shares”).

Formation of Trust. (a) The trust formed hereby shall be known as “NYDIG Winklevoss Bitcoin ETFTrust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the business of the Trust to the extent provided herein, make and execute contracts, and xxx and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1, which amount shall constitute the initial trust estate. The trust estate shall be held in trust for the Sponsor. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. § 3801 et seq. (the “Delaware Act”) and that this Trust Agreement constitute the governing instrument of the Trust. The Trustee is hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in the form attached hereto. (c) The Trustee is hereby authorized and directed to enter into such documents and take such other action only as the Sponsor specifically directs in written instructions delivered to the Trustee; provided, however, the Trustee shall not be required to take any action if the Trustee shall determine, or shall be advised by counsel, that such action is likely to result in personal liability or is contrary to applicable law or any agreement to which the Trustee is a party. The Sponsor shall have the exclusive authority to manage the business and affairs of the Trust as an agent of the Trust pursuant to Section 3806(b)(7) of the Delaware Act. (d) The purpose of the Trust is to invest in and hold bitcoin for the benefit of the shareholders and to engage in only those other activities necessary, advisable or incidental thereto. The Sponsor and the Trustee will enter into an amended and restated Trust Agreement satisfactory to each such party to provide for the contemplated operation of the Trust created hereby and the issuance of the common shares of beneficial interests of the Trust (collectively, the “Shares”).