Common use of Formation of Trust Clause in Contracts

Formation of Trust. (a) The trust formed hereby shall be known as “Invesco Galaxy Ethereum ETF” (the “Trust”) in which name the Sponsor or the Trustee may conduct the affairs of the Trust to the extent provided herein, make and execute contracts, and sue and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1 in bitcoin, 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 affairs of the Trust pursuant to Section 3806(a) of the Delaware Act.

Formation of Trust. (a) The trust formed hereby shall be known as “Invesco Galaxy Ethereum Bitcoin ETF” (the “Trust”) in which name the Sponsor or the Trustee may conduct the affairs of the Trust to the extent provided herein, make and execute contracts, and sue and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1 in bitcoin, 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 affairs of the Trust as an agent of the Trust pursuant to Section 3806(a3806(b)(7) of the Delaware Act.

Formation of Trust. (a) The trust formed hereby shall be known as “Invesco Galaxy Kryptoin Ethereum ETFETF Trust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the affairs business of the Trust to the extent provided herein, make and execute contracts, and sue sxx and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1 in bitcoin1, 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(a3806(b)(7) of the Delaware Act.

Formation of Trust. (a) The trust formed hereby shall be known as “Invesco Galaxy Ethereum ETFPxxxx Asset Spot Bitcoin Trust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the affairs business of the Trust to the extent provided herein, make and execute contracts, and sue and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1 in bitcoin1, 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(a3806(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 “Invesco Galaxy Ethereum ETFKryptoin Bitcoin ETF Trust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the affairs business of the Trust to the extent provided herein, make and execute contracts, and sue xxx and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1 in bitcoin1, 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(a3806(b)(7) of the Delaware Act.

Formation of Trust. (a) The trust formed hereby shall be known as “Invesco Galaxy Ethereum ETFWinklevoss Bitcoin Trust” (the “Trust”) in which name the Sponsor or the Trustee may conduct the affairs business of the Trust to the extent provided herein, make and execute contracts, and sue xxx and be sued. (b) The Sponsor hereby assigns, transfers, conveys and sets over to the Trust the sum of $1 in bitcoin1, 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(a3806(b)(7) of the Delaware Act.