0001193125-23-305204 Sample Contracts

FORM OF AMENDED AND RESTATED TRUST AGREEMENT OF ARK 21SHARES BITCOIN ETF Dated as of ___________, 2023 By and Among 21SHARES US LLC DELAWARE TRUST COMPANY and THE SHAREHOLDERS FROM TIME TO TIME HEREUNDER
Trust Agreement • December 28th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT of ARK 21SHARES BITCOIN ETF (the “Trust”) is made and entered into as of the _______ day of December, 2023, by and among 21SHARES US LLC, a Delaware limited liability company and sponsor of the Trust (the “Sponsor”), DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”), and the SHAREHOLDERS from time to time hereunder.

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SPONSOR AGREEMENT
Sponsor Agreement • December 28th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • Delaware

THIS SPONSOR AGREEMENT (the “Agreement”), dated as of [ ], 2023, is made by and between 21Shares US LLC, a Delaware limited liability company (“Sponsor”), and ARK 21Shares Bitcoin ETF, a statutory trust organized under the laws of Delaware (the “Trust”).

FORM OF ARK 21SHARES BITCOIN ETF AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 28th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York

This Authorized Participant Agreement (the “Agreement”), dated as of __________________, 2023, is entered into by and among ARK 21Shares Bitcoin ETF (the “Trust”), 21Shares US LLC, a Delaware limited liability company and the sponsor of the Trust (the “Sponsor”), as sponsor of the Trust, and_____, a [Delaware corporation] (the “Authorized Participant”), and is subject to acceptance by The Bank of New York Mellon (“BNY Mellon” or “Transfer Agent”).

FORM OF PRIME BROKER AGREEMENT General Terms and Conditions
Prime Broker Agreement • December 28th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
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