0001193125-24-165322 Sample Contracts

FIRST AMENDED AND RESTATED TRUST AGREEMENT OF FIDELITY ETHEREUM FUND Dated as of June 3, 2024 By and Among FD FUNDS MANAGEMENT LLC CSC DELAWARE TRUST COMPANY and THE SHAREHOLDERS FROM TIME TO TIME HEREUNDER
Trust Agreement • June 21st, 2024 • Fidelity Ethereum Fund • Finance services • Delaware

This FIRST AMENDED AND RESTATED TRUST AGREEMENT of FIDELITY ETHEREUM FUND is made and entered into as of June 3, 2024 (“Trust Agreement”), by and among FD Funds Management LLC, a Delaware limited liability company (“Sponsor”), CSC Delaware Trust Company, a Delaware corporation, as trustee (“Trustee”), and the SHAREHOLDERS from time to time hereunder.

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SPONSOR AGREEMENT
Sponsor Agreement • June 21st, 2024 • Fidelity Ethereum Fund • Finance services • Delaware

THIS SPONSOR AGREEMENT (the “Agreement”), dated as of June 3, 2024, is made by and between FD Funds Management LLC, a Delaware limited liability company (“Sponsor”), and Fidelity Ethereum Fund, a statutory trust organized under the laws of Delaware (the “Trust”).

AMENDMENT TO ADMINISTRATION AGREEMENT
Administration Agreement • June 21st, 2024 • Fidelity Ethereum Fund • Finance services • Massachusetts

This Amendment (“Amendment”) to the Administration Agreement entered into by and among FD Funds Management LLC, as sponsor (“Sponsor”) on behalf of each entity listed on Appendix “A” to the Agreement (as defined below) (each, a “Fund”), Fidelity Service Company, Inc., a Massachusetts corporation (the “Administrator”), and the Sponsor on its own behalf solely with respect to Sections 3 and 4 to the Agreement dated and effective as of December 28, 2023 (as amended, modified, or supplemented from time to time, the “Agreement”) is hereby entered into and effective as of May 24, 2024. Terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

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