Common use of Formation of Trust Clause in Contracts

Formation of Trust. a. The trust is known as “Invesco Galaxy Bitcoin ETF” (the “Trust”) in which name the Sponsor, the Trustee, the Administrator, the Custodian or other duly authorized parties may conduct the activities of the Trust to the extent provided herein, make and execute contracts, and sue and be sued. Any name change of the Trust shall become effective upon the effectiveness of the filing of a certificate of amendment under the Delaware Act reflecting such change. Any such action shall have the status of an amendment to this Amended and Restated Declaration of Trust. In the event of any name change, the Trustee shall cause notice to be given to the Sponsor for further distribution to the affected Shareholders within a reasonable time after the implementation of such change, which notice will be deemed given if the changed name is reflected in any Registration Statement. The principal executive office of the Trust shall be 0000 Xxxxx Xxxx, Xxxxx 000, Xxxxxxx Xxxxx, XX 00000. b. It is the intention of the parties hereto that the Trust continued 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 Amended and Restated Declaration of Trust constitute the governing instrument of the Trust. Pursuant to authorization granted to it under the Initial Declaration of Trust and Trust Agreement, the Trustee executed and filed the Certificate of Trust with the Delaware Secretary of State. c. 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.

Formation of Trust. a. The trust is known as “Invesco Galaxy Bitcoin Ethereum ETF” (the “Trust”) in which name the Sponsor, the Trustee, the Administrator, the Custodian or other duly authorized parties may conduct the activities of the Trust to the extent provided herein, make and execute contracts, and sue and be sued. Any name change of the Trust shall become effective upon the effectiveness of the filing of a certificate of amendment under the Delaware Act reflecting such change. Any such action shall have the status of an amendment to this Amended and Restated Declaration of Trust. In the event of any name change, the Trustee shall cause notice to be given to the Sponsor for further distribution to the affected Shareholders within a reasonable time after the implementation of such change, which notice will be deemed given if the changed name is reflected in any Registration Statement. The principal executive office of the Trust shall be 0000 Xxxxx Xxxx, Xxxxx 000, Xxxxxxx Xxxxx, XX 00000. b. It is the intention of the parties hereto that the Trust continued 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 Amended and Restated Declaration of Trust constitute the governing instrument of the Trust. Pursuant to authorization granted to it under the Initial Declaration of Trust and Prior Trust Agreement, the Trustee executed and filed the Certificate of Trust with the Delaware Secretary of State. c. The purpose of the Trust is to invest in and hold bitcoin ether for the benefit of the Shareholders and to engage in only those other activities necessary, advisable or incidental thereto.

Formation of Trust. a. The trust is known as “Invesco Galaxy Bitcoin Ethereum ETF” (the “Trust”) in which name the Sponsor, the Trustee, the Administrator, the Custodian or other duly authorized parties may conduct the activities of the Trust to the extent provided herein, make and execute contracts, and sue and be sued. Any name change of the Trust shall become effective upon the effectiveness of the filing of a certificate of amendment under the Delaware Act reflecting such change. Any such action shall have the status of an amendment to this Second Amended and Restated Declaration of Trust. In the event of any name change, the Trustee shall cause notice to be given to the Sponsor for further distribution to the affected Shareholders within a reasonable time after the implementation of such change, which notice will be deemed given if the changed name is reflected in any Registration Statement. The principal executive office of the Trust shall be 0000 Xxxxx Xxxx, Xxxxx 000, Xxxxxxx Xxxxx, XX 00000. b. It is the intention of the parties hereto that the Trust continued 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 Second Amended and Restated Declaration of Trust constitute the governing instrument of the Trust. Pursuant to authorization granted to it under the Initial Declaration of Trust and Trust Agreement, the Trustee executed and filed the Certificate of Trust with the Delaware Secretary of State. c. The purpose of the Trust is to invest in and hold bitcoin ether for the benefit of the Shareholders and to engage in only those other activities necessary, advisable or incidental thereto.