VanEck Ethereum Trust Sample Contracts

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made as of May 20, 2024 by and between STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company having its principal office and place of business at One Congress Street, Boston, Massachusetts 02114 (“State Street” or the “Transfer Agent”), and VanEck Ethereum Trust, a Delaware business trust having its principal office and place of business at 666 Third Avenue, 9th Floor, New York, New York 10017 (the “Trust”).

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FORM OF PARTICIPANT AGREEMENT
Form of Participant Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York

This Participant Agreement (the “Agreement”), dated as of May 20, 2024, is entered into by and among [ ] (the “Authorized Participant”), the VanEck Ethereum Trust (the “Trust”), and VanEck Digital Assets, LLC, a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”) and is subject to acceptance by State Street Bank and Trust Company, as Transfer Agent of the Trust (the “Transfer Agent”).

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Gemini Clearing Agreement
Clearing Agreement • May 31st, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York

This Gemini Clearing Agreement (“Clearing Agreement” or “Agreement”) is entered into and effective as of May 29, 2024, between VanEck Ethereum Trust, a statutory trust organized in Delaware (the “Customer”), and Gemini Trust Company, LLC, a New York State-chartered limited purpose trust company (“Gemini” or “Custodian”, and together with Customer the “Parties,” and each individually, a “Party”), as custodian to the Customer. This Agreement governs Customer’s use of Gemini Clearing (as defined below).

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COINBASE PRIME BROKER AGREEMENT
Coinbase Prime Broker Agreement • June 21st, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York
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SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF VANECK ETHEREUM ETF Dated as of June 28, 2024 By and Between VANECK DIGITAL ASSETS, LLC as Sponsor and CSC DELAWARE TRUST COMPANY as Trustee
Declaration of Trust   and   Trust Agreement • July 8th, 2024 • VanEck Ethereum ETF • Commodity contracts brokers & dealers • Delaware

THIS SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (this “Trust Agreement”), dated as of June 28, 2024, between VanEck Digital Assets, LLC, a Delaware limited liability company, as sponsor, and CSC DELAWARE TRUST COMPANY, a Delaware trust company, as trustee.

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ADMINISTRATION AGREEMENT
Administration Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York

This Administration Agreement (“Agreement”) is made as of May 20, 2024 by and between STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the “Administrator”), and VANECK ETHEREUM TRUST, a Delaware trust (the “Trust”).

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SUBSCRIPTION AGREEMENT
Subscription Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers

THIS SUBSCRIPTION AGREEMENT is entered into as of the 20th day of May, 2024, between VanEck EthereumTrust, a statutory trust organized and existing under the laws of Delaware (the “Trust”), and Van Eck Associates Corporation, a corporation organized and existing under the laws of Delaware (the “Purchaser”).

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Certain confidential information contained in this document, marked by [***], has been omitted because the registrant has determined that the information (i) is not material and (ii) is the type that the registrant treats as private or confidential....
Index Sublicense Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers

This INDEX SUBLICENSE AGREEMENT (“Agreement”), effective as of May 20, 2024 (the “Commencement Date”) is made by and between VanEck Digital Assets, LLC (“Sponsor”), having an office at [***], United States of America, and the VanEck Ethereum Trust (“Licensee”).

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Custodial Services Agreement
Custodial Services Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York

This Custodial Services Agreement (“Custody Agreement” or “Agreement”) is entered into and effective as of [*] between VanEck Ethereum Trust (the “Customer”) and Gemini Trust Company, LLC, a New York State-chartered limited purpose trust company (“Gemini” or “Custodian”, and together with Customer the “Parties,” and each individually, a “Party”), as custodian to the Customer. This Agreement governs Customer’s use of Custodial Services (as defined below).

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MARKETING AGENT AGREEMENT
Marketing Agent Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York

THIS MARKETING AGENT AGREEMENT (this “Agreement”), made as of this 12th day of April, 2024, by and between VANECK DIGITAL ASSETS, LLC (“VDA”), a Delaware limited liability company, for itself and as sponsor of VanEck Ethereum Trust (the “Trust”) (CBOE Ticker: ETHV) and VAN ECK SECURITIES CORPORATION (“VanEck”), a Delaware corporation.

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Master Custodian Agreement
Master Custodian Agreement • May 23rd, 2024 • VanEck Ethereum Trust • Commodity contracts brokers & dealers • New York

This Agreement (this “Agreement”) is made as of May 20, 2024 between each entity identified on Appendix A and each entity which becomes a party to this Agreement in accordance with the terms hereof (in each case, a “Fund”) and State Street Bank and Trust Company, a Massachusetts trust company (the “Custodian”).

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