SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF VANECK BITCOIN TRUST Dated as of December 28, 2023 By and Between VANECK DIGITAL ASSETS, LLC as Sponsor and DELAWARE TRUST COMPANY as TrusteeTrust and Trust Agreement • December 29th, 2023 • VanEck Bitcoin Trust • Commodity contracts brokers & dealers • Delaware
THIS SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of December 28, 2023, between VanEck Digital Assets, LLC, a Delaware limited liability company, as sponsor, and DELAWARE TRUST COMPANY, a Delaware trust company, as trustee.
SUBSCRIPTION AGREEMENTSubscription Agreement • December 29th, 2023 • VanEck Bitcoin Trust • Commodity contracts brokers & dealers
THIS SUBSCRIPTION AGREEMENT is entered into as of the 21st day of December, 2023, between VanEck Bitcoin Trust, 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”).
FORM OF PARTICIPANT AGREEMENTForm of Participant Agreement • December 29th, 2023 • VanEck Bitcoin Trust • Commodity contracts brokers & dealers • New York
This Participant Agreement (the “Agreement”), dated as of January [ ], 2024, is entered into by and among [ ] (the “Authorized Participant”), the VanEck Bitcoin 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”).
Master Custodian AgreementMaster Custodian Agreement • December 29th, 2023 • VanEck Bitcoin Trust • Commodity contracts brokers & dealers • New York
This Agreement (this “Agreement”) is made as of October 25, 2023 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”).
TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • December 29th, 2023 • VanEck Bitcoin Trust • Commodity contracts brokers & dealers • New York
THIS AGREEMENT is made as of October 25, 2023 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 Bitcoin 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”).
ADMINISTRATION AGREEMENTAdministration Agreement • December 29th, 2023 • VanEck Bitcoin Trust • Commodity contracts brokers & dealers • New York
This Administration Agreement (“Agreement”) is made as of October 25, 2023 by and between STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company (the “Administrator”), and VANECK BITCOIN TRUST, a Delaware trust (the “Trust”).
