DECLARATION OF TRUST AND TRUST AGREEMENT OF GALAXY BITCOIN ETFTrust Agreement • December 29th, 2023 • Invesco Galaxy Bitcoin ETF • Commodity contracts brokers & dealers
Contract Type FiledDecember 29th, 2023 Company IndustryTRUST AGREEMENT, dated as of March 31, 2021 (this “Trust Agreement”), between GALAXY DIGITAL FUNDS LLC, a Delaware limited liability company, as sponsor (the “Sponsor”), GALAXY DIGITAL LP (“Galaxy”) (solely with respect to Section 3 herein) and DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”). The Sponsor and the Trustee hereby agree as follows:
FORM OF MARKETING AGENT AGREEMENTMarketing Agent Agreement • December 29th, 2023 • Invesco Galaxy Bitcoin ETF • Commodity contracts brokers & dealers
Contract Type FiledDecember 29th, 2023 Company IndustryMARKETING AGENT AGREEMENT dated and effective as of [ ], 2024 (this “Agreement”) among Invesco Galaxy Bitcoin ETF, a Delaware statutory trust (the “Trust”), Invesco Distributors, Inc., a Delaware corporation (the “Marketing Agent”), and Invesco Capital Management LLC, a Delaware limited liability company (the “Sponsor”). Capitalized terms used but not defined in this Agreement shall have the meaning ascribed thereto in the Trust’s Prospectus (as defined herein) included in its Registration Statement (as defined herein).
INVESCO GALAXY BITCOIN ETF AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENTDeclaration of Trust and Trust Agreement • December 29th, 2023 • Invesco Galaxy Bitcoin ETF • Commodity contracts brokers & dealers • Delaware
Contract Type FiledDecember 29th, 2023 Company Industry JurisdictionTHIS AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (this “Amended and Restated Declaration of Trust”), dated as of December 13, 2023 amends and restates the Declaration of Trust and Trust Agreement dated as of March 31, 2021 (the “Initial Declaration of Trust and Trust Agreement”), as amended by the Amendment No. 1 to the Initial Declaration of Trust and Trust Agreement dated as of September 20, 2021 (the “Amendment No. 1”, and the Initial Declaration of Trust and Trust Agreement as amended by the Amendment No. 1, the “Amended Initial Declaration of Trust and Trust Agreement”), between Invesco Capital Management LLC, a Delaware limited liability company, successor to Galaxy Digital Funds LLC, as sponsor (the “Sponsor”), and Delaware Trust Company, a Delaware corporation, as trustee (the “Trustee”).
PARTICIPATION AGREEMENT INVESCO GALAXY BITCOIN ETFParticipation Agreement • December 29th, 2023 • Invesco Galaxy Bitcoin ETF • Commodity contracts brokers & dealers • Illinois
Contract Type FiledDecember 29th, 2023 Company Industry JurisdictionThis Participant Agreement (this “Agreement”) is entered into between Invesco Capital Management LLC (the “Sponsor”), [__________] (the “Participant”), and is subject to acceptance by Invesco Galaxy Bitcoin ETF (the “Trust”) and The Bank of New York Mellon (the “Transfer Agent”). The Transfer Agent serves as the transfer agent of the Trust. The Sponsor and the Participant acknowledge and agree that the Trust shall be a third-party beneficiary of the Agreement and shall receive the benefits contemplated by the Agreement to the extent specified herein.
EXECUTION AGENT AGREEMENTExecution Agent Agreement • December 29th, 2023 • Invesco Galaxy Bitcoin ETF • Commodity contracts brokers & dealers • New York
Contract Type FiledDecember 29th, 2023 Company Industry JurisdictionThis Execution Agent Agreement is entered into as of December 22, 2023 (the “Effective Date”), by and between Invesco Capital Management LLC (“Invesco”) and Galaxy Digital Funds LLC (“Galaxy”). Invesco and Galaxy may each be referred to herein individually as a “Party” and collectively as the “Parties.”
AMENDMENT NO. 1 TO DECLARATION OF TRUST AND TRUST AGREEMENT OF GALAXY BITCOIN ETFTrust Agreement • December 29th, 2023 • Invesco Galaxy Bitcoin ETF • Commodity contracts brokers & dealers
Contract Type FiledDecember 29th, 2023 Company IndustryEffective as of the date below, the parties to the Trust Agreement shall hereafter be Invesco Capital Management LLC and Delaware Trust Company.