Common use of Liabilities of the Trust Clause in Contracts

Liabilities of the Trust. The Trust Estate shall be charged with the liabilities of the Trust and with all expenses, costs, charges and reserves attributable to the Trust. The Sponsor shall have full discretion, to the extent not inconsistent with applicable law, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 8 contracts

Samples: Declaration of Trust and Trust Agreement (Grayscale Ethereum Trust (ETH)), Trust Agreement (21Shares Core Ethereum ETF), Trust Agreement (WisdomTree Bitcoin Fund)

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Liabilities of the Trust. The Trust Estate shall be charged with the liabilities of the Trust and with all expenses, costs, charges and reserves attributable to the Trust. The Sponsor shall have full discretion, to the extent not inconsistent with applicable law, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the ShareholdersShareholders and Beneficial Owners.

Appears in 4 contracts

Samples: Trust Agreement (Fidelity Ethereum Fund), Trust Agreement (Fidelity Ethereum Fund), Trust Agreement (Valkyrie Bitcoin Fund)

Liabilities of the Trust. The Trust Estate shall be charged with the liabilities of the Trust Trust; and with all expenses, costs, charges and reserves attributable to the Trust. The Sponsor shall have full discretion, to the extent not inconsistent with applicable law, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the ShareholdersUnitholders.

Appears in 1 contract

Samples: Declaration of Trust and Trust Agreement (Osprey Bitcoin Trust)

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Liabilities of the Trust. The Trust Estate shall be charged with the liabilities of the Trust Trust; and with all expenses, costs, charges and reserves attributable to the Trust. The Sponsor Managing Owner shall have full discretion, to the extent not inconsistent with applicable law, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the ShareholdersUnitholders.

Appears in 1 contract

Samples: Participant Agreement

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