Bitwise Ethereum ETF Sample Contracts

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services

THIS AGREEMENT is made as of the 23rd day of May, 2024, by and between Bitwise Ethereum ETF (hereinafter the “Trust”), a Delaware Statutory Trust, having its principal office and place of business at 250 Montgomery Street, Suite 200, San Francisco, California 94104 and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Bank”).

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CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And BITWISE ETHEREUM ETF
Custody Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services • New York

This Custody Agreement is made and entered into as of the latest date set forth on the signature page hereto (the “Effective Date”) by and between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and BITWISE ETHEREUM ETF, a Delaware Statutory Trust (“Customer”). BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.

MASTER PURCHASE AND SALE AGREEMENT
Master Purchase and Sale Agreement • June 18th, 2024 • Bitwise Ethereum ETF • Finance services • New York

This MASTER PURCHASE AND SALE AGREEMENT FOR DIGITAL ASSETS (this “Agreement”), is made and entered into as of this [●] day of [●], 2024, by and between [●], a [●] (“Liquidity Provider”) and Bitwise Investment Advisers, LLC, a limited liability company registered in Delaware (the “Sponsor”), for and on behalf of the Bitwise Ethereum ETF (“Counterparty”, and together with Liquidity Provider, the “Parties”).

SPONSOR AGREEMENT
Sponsor Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services • Delaware

THIS SPONSOR AGREEMENT (the “Agreement”), dated as of ___________, 2024, is made by and between Bitwise Investment Advisers, LLC, a Delaware limited liability company (“Sponsor”), and Bitwise Ethereum ETF, a statutory trust organized under the laws of Delaware (the “Trust”).

MARKETING AGENT AGREEMENT
Marketing Agent Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services • Delaware

THIS AGREEMENT is made and entered into as of this 30th day of May 2024, by and between Bitwise Ethereum ETF, a Delaware statutory trust (the “Trust”), which is sponsored by Bitwise Investment Advisers, LLC, a Delaware limited liability company (the “Sponsor”), and Foreside Fund Services, LLC, a Delaware limited liability company (“ACA Foreside”).

AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services • New York

AUTHORIZED PARTICIPANT AGREEMENT (this “Agreement”) dated as of [Date] among (i) [Authorized Participant], a [company] organized under the laws of [Jurisdiction Of AP] (the “Authorized Participant”), (ii) the Bitwise Ethereum ETF, a Delaware statutory trust (the “Trust”) created pursuant to the First Amended and Restated Declaration of Trust (the “Trust Agreement”), and (iii) Bitwise Investment Advisers, LLC, a Delaware limited liability company in its capacity as sponsor of the Trust (in such capacity, the “Sponsor”). This Agreement is further acknowledged by Bank of New York Mellon, a New York banking corporation in its capacity as transfer agent to the Trust (“Transfer Agent”).

FIRST AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF BITWISE ETHEREUM ETF DATED AS OF MAY 28, 2024
Trust and Trust Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services

THIS FIRST AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of May 28, 2024, between BITWISE INVESTMENT ADVISERS, LLC, a Delaware limited liability company, as sponsor, and CSC DELAWARE TRUST COMPANY, a Delaware trust company, as trustee.

COINBASE PRIME BROKER AGREEMENT General Terms and Conditions
Coinbase Prime Broker Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services • New York
MARKETING AGENT AGREEMENT
Marketing Agent Agreement • June 18th, 2024 • Bitwise Ethereum ETF • Finance services • Delaware

THIS AGREEMENT is made and entered into as of this 30th day of May 2024, by and between Bitwise Ethereum ETF, a Delaware statutory trust (the “Trust”), which is sponsored by Bitwise Investment Advisers, LLC, a Delaware limited liability company (the “Sponsor”), and Foreside Fund Services, LLC, a Delaware limited liability company (“ACA Foreside”).

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Administration and Accounting Agreement • May 31st, 2024 • Bitwise Ethereum ETF • Finance services • New York

THIS AGREEMENT is made as of May 23, 2024 by and between Bitwise Ethereum ETF (hereinafter the “Trust”), a Delaware Statutory Trust, having its principal office and place of business at 250 Montgomery Street, Suite 200, San Francisco, California 94104 and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).

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