And Trust Agreement Sample Contracts

AMENDMENT NO. 2 TO THE SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • September 22nd, 2021 • Grayscale Ethereum Classic Trust (ETC) • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 2 (THE “AMENDMENT”) TO THE SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE ETHEREUM CLASSIC TRUST (ETC) is made and entered into as of the 21 day of September, 2021, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY (formerly known as CSC Trust Company of Delaware), a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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EX-3.2 2 i17555_ex3-2.htm UNITED STATES COMMODITY INDEX FUNDS TRUST FOURTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • May 5th, 2020 • Delaware

This FOURTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of UNITED STATES COMMODITY INDEX FUNDS TRUST (the “Trust”) is made and entered into as of December 15, 2017, by and between United States Commodity Funds LLC, a Delaware limited liability company, as Sponsor, and Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee.

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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • May 5th, 2022 • Grayscale Zcash Trust (ZEC) • Delaware

This AMENDMENT NO. 1 (THE “AMENDMENT”) TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of ZCASH INVESTMENT TRUST is made and entered into as of the 11th day of January, 2019, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY, a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 2 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • June 16th, 2020 • Grayscale Ethereum Trust (ETH) • Finance services • Delaware

This AMENDMENT NO. 2 (THE “AMENDMENT”) TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE ETHEREUM TRUST (ETH) is made and entered into as of the [•] day of June, 2020, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY, a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • November 4th, 2024 • Grayscale Bitcoin Mini Trust ETF • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 1 (THE “AMENDMENT”) TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE BITCOIN MINI TRUST (BTC) (the “Trust”) is made and entered into as of November 4, 2024, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, CSC DELAWARE TRUST COMPANY (formerly Delaware Trust Company), a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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INVESCO GALAXY ETHEREUM ETF AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • May 31st, 2024 • Invesco Galaxy Ethereum ETF • Commodity contracts brokers & dealers • Delaware

THIS AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (this “Amended and Restated Declaration of Trust”), dated as of May 31, 2024 amends and restates the Trust Agreement dated as of September 26, 2023 (the “Prior Trust Agreement”), between Invesco Capital Management LLC, a Delaware limited liability company, as sponsor (the “Sponsor”), and CSC Delaware Trust Company, a Delaware corporation (“CSC Delaware Trust Company”), as trustee.

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ARTICLE 1
And Trust Agreement • December 31st, 1998 • California Microwave Inc • Radio & tv broadcasting & communications equipment • Delaware
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BANCFIRST CORPORATION EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST AGREEMENT
And Trust Agreement • May 8th, 2015 • Bancfirst Corp /Ok/ • National commercial banks • Oklahoma

This instrument is an amendment and restatement of the document governing the BancFirst Employee Stock Ownership Plan which is intended to conform to the changes required by the Pension Protection Act of 2006, and other applicable laws, regulations, and administrative authority.

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1 Exhibit 4.2 FREEDOM CAPITAL MANAGEMENT CORPORATION DEFERRED SAVINGS PLAN AND TRUST AGREEMENT 2 TABLE OF CONTENTS
And Trust Agreement • April 2nd, 1998 • Freedom Securities Corp /De/ • Security brokers, dealers & flotation companies • Massachusetts
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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • May 5th, 2022 • Grayscale Stellar Lumens Trust (XLM) • Delaware

This AMENDMENT NO. 1 (THE “AMENDMENT”) TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of STELLAR LUMENS INVESTMENT TRUST is made and entered into as of the 11th day of January, 2019, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY, a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • July 18th, 2024 • Grayscale Ethereum Mini Trust (ETH) • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 1 (THE “AMENDMENT”) TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE ETHEREUM MINI TRUST (ETH) is made and entered into as of July 18, 2024, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, CSC DELAWARE TRUST COMPANY (formerly known as Delaware Trust Company), a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 2 TO THE SEVENTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • May 7th, 2024 • Grayscale Bitcoin Trust (BTC) • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 2 (THE “AMENDMENT”) TO THE SEVENTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE BITCOIN TRUST (BTC) (the “Trust”) is made and entered into as of May 7, 2024, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, CSC DELAWARE TRUST COMPANY (formerly Delaware Trust Company), a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 3 TO THE SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • April 1st, 2022 • Grayscale Ethereum Classic Trust (ETC) • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 3 (THE “AMENDMENT”) TO THE SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE ETHEREUM CLASSIC TRUST (ETC) is made and entered into as of the 1st day of April, 2022, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY, a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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BANCFIRST CORPORATION EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST AGREEMENT (Adopted Effective January 1, 2007)
And Trust Agreement • May 9th, 2008 • Bancfirst Corp /Ok/ • National commercial banks • Oklahoma
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BANCFIRST CORPORATION EMPLOYEE STOCK OWNERSHIP AND THRIFT PLAN AND TRUST AGREEMENT
And Trust Agreement • March 16th, 2005 • Bancfirst Corp /Ok/ • National commercial banks • Oklahoma
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WELLS FEDERAL BANK AND TRUST AGREEMENT
And Trust Agreement • March 12th, 2015 • Wells Financial Corp • Savings institution, federally chartered • Minnesota
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WITNESSETH:
And Trust Agreement • May 31st, 2000 • Millers Mutual Fire Insurance Co
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AMENDMENT NO. 1 TO THE SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • November 4th, 2024 • Grayscale Ethereum Trust ETF • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 1 (THE “AMENDMENT”) TO THE SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE ETHEREUM TRUST (ETH) is made and entered into as of November 4, 2024, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, CSC DELAWARE TRUST COMPANY (formerly Delaware Trust Company), a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • July 12th, 2021 • Grayscale Bitcoin Cash Trust (BCH) • Delaware

This AMENDMENT NO. 1 (THE “AMENDMENT”) TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of BITCOIN CASH INVESTMENT TRUST is made and entered into as of the 11th day of January, 2019, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY, a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 3 TO THE SEVENTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • November 4th, 2024 • Grayscale Bitcoin Trust ETF • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 3 (THE “AMENDMENT”) TO THE SEVENTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE BITCOIN TRUST (BTC) is made and entered into as of November 4, 2024, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, CSC DELAWARE TRUST COMPANY (formerly Delaware Trust Company), a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 1 TO THE SEVENTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
And Trust Agreement • March 18th, 2024 • Grayscale Bitcoin Trust (BTC) • Commodity contracts brokers & dealers • Delaware

This AMENDMENT NO. 1 (THE “AMENDMENT”) TO THE SEVENTH AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of GRAYSCALE BITCOIN TRUST (BTC) is made and entered into as of March 15, 2024, by and among GRAYSCALE INVESTMENTS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY, a Delaware corporation, as trustee, and the SHAREHOLDERS from time to time hereunder.

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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF
And Trust Agreement • March 29th, 2007 • MLM Index Fund • Commodity contracts brokers & dealers • Delaware

This AMENDMENT ("Amendment") is made and entered into as of the 23rd day of March, 1999 by and among MOUNT LUCAS INDEX MANAGEMENT CORPORATION, a Delaware corporation, as grantor and manager (the "Manager"), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Trustee”) and the Interests Holders whose signatures appear on the execution page hereof and who hold in the aggregate more than 10% of the outstanding Interests of each Series as of the date hereof (exclusive of the Interests of the Manager) (the “Signing Interest Holders”), and is made with reference to, and pursuant to the authority granted by Section 11.1 of that certain Amended and Restated Declaration of Trust and Trust Agreement (the “Trust Agreement”) dated the 31st day of August, 1998, by and among the Manager, the Trustee and the Interest Holders of the MLM Index™ Fund (the “Trust”). Capitalized terms used but not defined herein shall have the meaning assigned thereto in the Trust Agreement.

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