Common use of Sponsor Fee Clause in Contracts

Sponsor Fee. (i) The Trust shall pay to the Sponsor a unified fee (the “Sponsor Fee”) as set forth in the Sponsor Agreement. The Sponsor Fee will be calculated daily, accrued daily in ether and be payable monthly in ether or cash. The Sponsor may agree to waive or reduce the Sponsor Fee in its sole discretion without Shareholder consent or approval. (ii) Except as provided in Section 6.8(a)(iv), to cause the Trust to pay the Sponsor Fee, the Sponsor shall instruct the Custodian to withdraw the number of ether or cash equal to the accrued but unpaid Sponsor Fee and transfer such ether or cash to the Sponsor’s account at such times as the Sponsor determines in its absolute discretion. (iii) After the payment of the Sponsor Fee to the Sponsor, the Sponsor may elect to convert the ether it receives into U.S. Dollars. The Shareholders acknowledge that the rate at which the Sponsor converts such ether to U.S. Dollars may differ from the Benchmark. The Trust shall not be responsible for any fees and expenses incurred by the Sponsor to convert ether received in payment of the Sponsor Fee into U.S. Dollars. (iv) The Sponsor may, from time to time, temporarily waive all or a portion of the Sponsor Fee in its sole discretion. (v) As partial consideration for receipt of the Sponsor Fee, the Sponsor shall assume and pay all fees and other expenses incurred by the Trust in the ordinary course of its affairs, excluding taxes, but including: (i) the Distributor Fee; (ii) the Administrator Fee; (iii) the Custodian Fee; (iv) the Transfer Agent Fee; (v) the Trustee fee; (vi) the fees and expenses related to the listing, quotation or trading of the Shares on any Secondary Market (including customary marketing expenses); (vii) ordinary course legal fees and expenses; (viii) audit fees; (ix) regulatory fees, including, if applicable, any fees relating to the registration of the Shares under the Securities Act or the Exchange Act; (x) printing and mailing costs; (xi) costs of maintaining the Trust’s website and (xii) applicable license fees (each, an “Sponsor-paid Expense” and, together, the “Sponsor-paid Expenses”), provided that any expense that qualifies as an Extraordinary Expense as set forth in Section 6.8(b) shall be deemed to be an Extraordinary Expenses and not a Sponsor-paid Expense.

Sponsor Fee. (i) The Trust shall pay to the Sponsor a unified fee (the “Sponsor Feefee”) ), payable in ether, which shall accrue daily in U.S. Dollars at an annual rate equal to a percentage, to be determined by the Sponsor, of the Ether Holdings of the Trust as set forth of 4:00 p.m. Eastern Time on each day, provided that for a day that is not a Business Day, the calculation shall be based on the Index from the most recent Business Day. The amount of ether payable in respect of each daily U.S. Dollar accrual shall be determined by reference to the Sponsor Agreementsame Index used to determine such accrual. The Sponsor Fee will be calculated daily, accrued daily in ether and be fee is payable monthly in ether or cash. The Sponsor may agree to waive or reduce the Sponsor Fee weekly in its sole discretion without Shareholder consent or approvalarrears. (ii) Except as provided in Section 6.8(a)(iv), to To cause the Trust to pay the Sponsor Feefee, the Sponsor shall instruct the Ether Custodian to withdraw from the Custody Wallet the number of ether or cash equal to the accrued but unpaid Sponsor Fee fee and transfer such ether or cash to an account maintained by the Sponsor’s account Ether Custodian for the Sponsor at such times as the Sponsor determines in its absolute discretion. (iii) After the payment of the Sponsor Fee fee to the Sponsor, the Sponsor may elect to convert the ether it receives Sponsor fee into U.S. Dollars. The Shareholders acknowledge that the rate at which the Sponsor converts such ether to U.S. Dollars may differ from the Benchmarkrate at which the Sponsor fee was initially converted into ether. The Trust shall not be responsible for any fees and expenses incurred by the Sponsor to convert ether received in payment of the Sponsor Fee fee into U.S. Dollars. (iv) The Sponsor may, from time to time, temporarily waive all or a portion of the Sponsor Fee in its sole discretion. (v) As partial consideration for receipt of the Sponsor Feefee, the Sponsor shall assume and pay all fees and other expenses incurred by the Trust in the ordinary course of its affairs, excluding taxes, but including: including (i) the Distributor Marketing Fee; , (ii) the Administrator Fee; , if any, (iii) the Ether Custodian Fee; , (iv) the Transfer Agent Fee; , (v) the Trustee fee; , (vi) the fees and expenses related to the any future listing, trading or quotation or trading of the Shares on any Secondary Market listing exchange or quotation system (including customary legal, marketing and audit fees and expenses); , (vii) ordinary course legal fees and expenses; (viiiexpenses that are not litigation-related, up to $100,000 per annum,(viii) audit fees; , (ix) regulatory fees, including, including if applicable, applicable any fees relating to the registration of the Shares under the Securities Act or the Exchange Act; , (x) printing and mailing costs; (xi) costs of maintaining the Trust’s website and (xii) applicable license fees (each, an a “Sponsor-paid Expense” and, and together, the “Sponsor-paid Expenses”), provided that any expense that qualifies as an Extraordinary Additional Trust Expense as set forth in Section 6.8(b) shall will be deemed to be an Extraordinary Expenses Additional Trust Expense and not a Sponsor-paid Expense. In the Sponsor’s sole discretion, all or any portion of a Sponsor-paid Expense may be redesignated as an Additional Trust Expense.

Sponsor Fee. (i) The Trust shall pay to the Sponsor a unified fee (the “Sponsor Fee”) as set forth in the Sponsor Agreement. The Sponsor Fee will be calculated daily, accrued accrue daily in ether and be payable monthly in ether bitcoin or cash. The Sponsor may agree to waive or reduce the Sponsor Fee in its sole discretion without Shareholder consent or approval. (ii) Except as provided in Section 6.8(a)(iv), to cause the Trust to pay the Sponsor Fee, the Sponsor shall instruct the Custodian to withdraw the number of ether bitcoin or cash equal to the accrued but unpaid Sponsor Fee and transfer such ether bitcoin or cash to the Sponsor’s account at such times as the Sponsor determines in its absolute discretion. (iii) After the payment of the Sponsor Fee to the Sponsor, the Sponsor may elect to convert the ether bitcoin it receives into U.S. Dollars. The Shareholders acknowledge that the rate at which the Sponsor converts such ether bitcoin to U.S. Dollars may differ from the Benchmark. The Trust shall not be responsible for any fees and expenses incurred by the Sponsor to convert ether bitcoin received in payment of the Sponsor Fee into U.S. Dollars. (iv) The Sponsor may, from time to time, temporarily waive all or a portion of the Sponsor Fee in its sole discretion. (v) As partial consideration for receipt of the Sponsor Fee, the Sponsor shall assume and pay all fees and other expenses incurred by the Trust in the ordinary course of its affairs, excluding taxes, but including: (i) the Distributor Fee; (ii) the Administrator Fee; (iii) the Custodian Fee; (iv) the Transfer Agent Fee; (v) the Trustee fee; (vi) the fees and expenses related to the listing, quotation or trading of the Shares on any Secondary Market (including customary marketing expenses); (vii) ordinary course legal fees and expenses; (viii) audit fees; (ix) regulatory fees, including, if applicable, any fees relating to the registration of the Shares under the Securities Act or the Exchange Act; (x) printing and mailing costs; (xi) costs of maintaining the Trust’s website and (xii) applicable license fees (each, an “Sponsor-paid Expense” and, together, the “Sponsor-paid Expenses”), provided that any expense that qualifies as an Extraordinary Expense as set forth in Section 6.8(b) shall be deemed to be an Extraordinary Expenses and not a Sponsor-paid Expense.