Depositary Trust Agreement Sample Contracts

RETAIL HOLDRS TRUST AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • August 15th, 2011 • Retail Holdrs Trust • Asset-backed securities • New York

AMENDMENT NO. 1 TO THE DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of August 11, 2011, between Merrill Lynch, Pierce, Fenner & Smith Incorporated, as initial depositor (the “Initial Depositor”), and The Bank of New York Mellon (formerly known as The Bank of New York), as trustee (the “Trustee”), all Depositors and all Owners and Beneficial Owners from time to time of Depositary Trust Receipts issued under the Depositary Trust Agreement referred to below.

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Third Amended and Restated Depositary Trust Agreement iShares® Silver Trust
Depositary Trust Agreement • January 31st, 2022 • iShares Silver Trust • Commodity contracts brokers & dealers • New York

THIS THIRD AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT dated as of January 31, 2022, between iSHARES® DELAWARE TRUST SPONSOR LLC, a Delaware limited liability company, as sponsor, THE BANK OF NEW YORK MELLON, a New York banking corporation formerly known as The Bank of New York, as trustee, all Registered Owners and Beneficial Owners from time to time of iShares Silver Trust Shares issued hereunder and all Depositors

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EX-4.1 2 dex41.htm DEPOSITARY TRUST AGREEMENT RYDEX SPECIALIZED PRODUCTS LLC, d/b/a “RYDEX INVESTMENTS”, as Sponsor, THE BANK OF NEW YORK, as Trustee, ALL REGISTERED OWNERS AND BENEFICIAL OWNERS OF SWISS FRANC SHARES ISSUED HEREUNDER and ALL...
Depositary Trust Agreement • May 5th, 2020 • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of June 8, 2006, between Rydex Specialized Products LLC, a Delaware limited liability company d/b/a “RYDEX INVESTMENTS”, as sponsor, THE BANK OF NEW YORK, a New York banking corporation, as trustee, all Registered Owners and Beneficial Owners from time to time of Swiss Franc Shares issued hereunder and all Depositors.

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as Sponsor,
Depositary Trust Agreement • December 6th, 2005 • Euro Currency Trust • Finance services • New York
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First Amended and Restated Depositary Trust Agreement iShares® Gold Trust Micro
Depositary Trust Agreement • January 31st, 2022 • iShares Gold Trust Micro • Commodity contracts brokers & dealers • New York

This FIRST AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT dated as of January 31, 2022 between iSHARES® DELAWARE TRUST SPONSOR LLC, a Delaware limited liability company, as sponsor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee, all Registered Owners and Beneficial Owners from time to time of Shares issued hereunder and all Depositors.

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DEPOSITARY TRUST AGREEMENT AMONG BANK OF MONTREAL,
Depositary Trust Agreement • May 12th, 2017 • Bank of Montreal /Can/ • Commercial banks, nec • Delaware

This SECOND AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT is agreed to as of May 11, 2017 (the “Agreement”) by and among BANK OF MONTREAL, a Canadian chartered bank (the “Initial Depositor”), BMO CAPITAL MARKETS CORP., a broker-dealer affiliate of the Initial Depositor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”), and BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (with any successor Delaware banking corporation acting as a Delaware trustee, the “Delaware Trustee”).

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DEPOSITARY TRUST AGREEMENT Between MERK INVESTMENTS LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee
Depositary Trust Agreement • May 7th, 2014 • Merk Gold Trust • Commodity contracts brokers & dealers • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of May 6, 2014, between MERK INVESTMENTS LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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DEPOSITARY TRUST AGREEMENT ETF SECURITIES USA LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee
Depositary Trust Agreement • January 11th, 2011 • ETFS Asian Gold Trust • Gold and silver ores • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of January 10, 2011, between ETF SECURITIES USA LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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DEPOSITARY TRUST AGREEMENT ETF SECURITIES USA LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee Depositary Trust Agreement ETFS White Metals Basket Trust Dated as of November 29, 2010
Depositary Trust Agreement • November 30th, 2010 • ETFS White Metals Basket Trust • Miscellaneous metal ores • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of November 29, 2010, between ETF SECURITIES USA LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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DEPOSITARY TRUST AGREEMENT Between GRANITESHARES LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee GraniteShares Platinum Trust Dated as of January 11, 2018
Depositary Trust Agreement • January 12th, 2018 • GraniteShares Platinum Trust • Commodity contracts brokers & dealers • New York

This DEPOSITARY TRUST AGREEMENT dated as of January 11, 2018 , between GRANITESHARES LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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Contract
Depositary Trust Agreement • May 5th, 2020 • New York

EX-1.2 3 ex1_2.htm EXHIBIT 1.2 Exhibit 1.2 AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT AMONG BANK OF MONTREAL, AS INITIAL DEPOSITOR BMO CAPITAL MARKETS CORP., AS UNDERWRITER AND INITIAL CALCULATION AGENT AND THE BANK OF NEW YORK MELLON, AS TRUSTEE AND BNY MELLON TRUST OF DELAWARE, AS DELAWARE TRUSTEE DATED AS OF June 29, 2016 TABLE OF CONTENTS

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DEPOSITARY TRUST AGREEMENT AMONGBANK OF MONTREAL, AS INITIAL DEPOSITOR BMO CAPITAL MARKETS CORP., AS PLACEMENT AGENT AND INITIAL CALCULATION AGENT AND THE BANK OF NEW YORK MELLON, AS TRUSTEE AND BNY MELLON TRUST OF DELAWARE, AS DELAWARE TRUSTEE DATED...
Depositary Trust Agreement • December 12th, 2014 • Bank of Montreal /Can/ • Commercial banks, nec • Delaware

This DEPOSITARY TRUST AGREEMENT is agreed to as of December 1, 2014 (the “Agreement”) by and among BANK OF MONTREAL, a Canadian chartered bank (the “Initial Depositor”), BMO CAPITAL MARKETS CORP., a broker-dealer affiliate of the Initial Depositor, THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”), and BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (with any successor Delaware banking corporation acting as a Delaware trustee, the “Delaware Trustee”).

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Fifth Amended and Restated Depositary Trust Agreement iShares® Gold Trust
Depositary Trust Agreement • January 31st, 2022 • Ishares Gold Trust • Commodity contracts brokers & dealers • New York

THIS FIFTH AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT dated as of January 31, 2022, between iSHARES® DELAWARE TRUST SPONSOR LLC, a Delaware limited liability company, as sponsor, THE BANK OF NEW YORK MELLON, a New York banking corporation formerly known as The Bank of New York, as trustee, all Registered Owners and Beneficial Owners from time to time of Shares issued hereunder and all Depositors

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RYDEX SPECIALIZED PRODUCTS LLC, d/b/a “RYDEX INVESTMENTS”, as Sponsor, THE BANK OF NEW YORK, as Trustee, ALL REGISTERED OWNERS AND BENEFICIAL OWNERS OF RUSSIAN RUBLE SHARES ISSUED HEREUNDER and ALL DEPOSITORS Form of Depositary Trust Agreement
Depositary Trust Agreement • July 21st, 2008 • CurrencyShares Russian Ruble Trust • Commodity contracts brokers & dealers • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of [ ], 200 , between Rydex Specialized Products LLC, a Delaware limited liability company d/b/a “RYDEX INVESTMENTS”, as sponsor, THE BANK OF NEW YORK, a New York banking corporation, as trustee, all Registered Owners and Beneficial Owners from time to time of Russian Ruble Shares issued hereunder and all Depositors.

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MERK GOLD TRUST FIRST AMENDMENT TO DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • October 26th, 2015 • Van Eck Merk Gold Trust • Commodity contracts brokers & dealers • New York

This FIRST AMENDMENT TO DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of October 22, 2015, is by and between Merk Investments LLC (“Merk Investments”), a Delaware limited liability company, as the sponsor of the Merk Gold Trust (in such capacity, the “Sponsor”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as the trustee of the Merk Gold Trust (the “Trustee”):

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THIRD AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ABRDN SILVER ETF TRUST
Depositary Trust Agreement • May 28th, 2024 • Abrdn Silver ETF Trust • Commodity contracts brokers & dealers

This Third Amendment to the Depositary Trust Agreement of the abrdn Silver ETF Trust (formerly, Aberdeen Standard Silver ETF Trust and ETFS Silver Trust), a New York common law trust (the “Trust”), dated as of May 23, 2024 (this “Amendment”), is made by and between abrdn ETFs Sponsor LLC (formerly, Aberdeen Standard Investments ETFs Sponsor LLC and ETF Securities USA LLC), a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

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SECOND AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ABERDEEN STANDARD PLATINUM ETF TRUST
Depositary Trust Agreement • March 14th, 2022 • Aberdeen Standard Platinum ETF Trust • Commodity contracts brokers & dealers • New York

This Second Amendment to the Depositary Trust Agreement of the Aberdeen Standard Platinum ETF Trust (formerly, ETFS Platinum Trust), a New York common law trust (the “Trust”), dated as of March 8, 2022 (this “Amendment”), is made by and between abrdn ETFs Sponsor LLC (formerly, Aberdeen Standard Investments ETFs Sponsor LLC and ETF Securities USA LLC), a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

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FIFTH AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ABRDN GOLD ETF TRUST
Depositary Trust Agreement • May 28th, 2024 • Abrdn Gold ETF Trust • Commodity contracts brokers & dealers

This Fifth Amendment to the Depositary Trust Agreement of the abrdn Gold ETF Trust (formerly, Aberdeen Standard Gold ETF Trust and ETFS Gold Trust), a New York common law trust (the “Trust”), dated as of May 23, 2024 (this “Amendment”), is made by and between abrdn ETFs Sponsor LLC (formerly, Aberdeen Standard Investments ETFs Sponsor LLC and ETF Securities USA LLC), a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

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DEPOSITARY TRUST AGREEMENT Between GRANITESHARES LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee GraniteShares Gold Trust Dated as of _________, 2017
Depositary Trust Agreement • June 2nd, 2017 • GraniteShares Gold Trust • Investors, nec • New York

This DEPOSITARY TRUST AGREEMENT dated as of [______________], 2017, between GRANITESHARES LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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THIRD AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ABRDN PRECIOUS METALS BASKET ETF TRUST
Depositary Trust Agreement • May 28th, 2024 • Abrdn Precious Metals Basket ETF Trust • Commodity contracts brokers & dealers

This Third Amendment to the Depositary Trust Agreement of the abrdn Precious Metals Basket ETF Trust (formerly, Aberdeen Standard Precious Metals Basket ETF Trust and ETFS Precious Metals Basket Trust), a New York common law trust (the “Trust”), dated as of May 23, 2024 (this “Amendment”), is made by and between abrdn ETFs Sponsor LLC (formerly, Aberdeen Standard Investments ETFs Sponsor LLC and ETF Securities USA LLC), a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

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SECOND AMENDMENT TO DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • November 16th, 2012 • iShares Silver Trust • Commodity contracts brokers & dealers • New York

THIS SECOND AMENDMENT (this “Amendment”) to the Depositary Trust Agreement dated as of April 21, 2006 is entered into on October 31, 2012, by and among BLACKROCK ASSET MANAGEMENT INTERNATIONAL INC., a Delaware corporation, in its capacity as retiring sponsor, iSHARES® DELAWARE TRUST SPONSOR LLC, a Delaware limited liability company, as successor sponsor (the “Successor Sponsor”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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FORM OF DEPOSITARY TRUST AGREEMENT Between MERK INVESTMENTS, LLC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee MERK GOLD TRUST Dated as of ________, 2012
Depositary Trust Agreement • April 20th, 2012 • Merk Gold Trust • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of _______, 2012, between MERK INVESTMENTS, LLC, a Delaware limited liability company, as sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ETFS PLATINUM TRUST
Depositary Trust Agreement • February 28th, 2020 • Aberdeen Standard Platinum ETF Trust • Commodity contracts brokers & dealers • New York

This Amendment to the Depositary Trust Agreement of the ETFS Platinum Trust (this “Amendment”), dated as of September 20, 2018, is made by and between Aberdeen Standard Investments ETFs Sponsor LLC (formerly, ETFS Securities USA LLC), a Delaware limited liability company, as sponsor of the ETFS Platinum Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the ETFS Platinum Trust (the “Trustee”).

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FOURTH AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ABERDEEN STANDARD GOLD ETF TRUST
Depositary Trust Agreement • March 14th, 2022 • Aberdeen Standard Gold ETF Trust • Commodity contracts brokers & dealers • New York

This Fourth Amendment to the Depositary Trust Agreement of the Aberdeen Standard Gold ETF Trust (formerly, ETFS Gold Trust), a New York common law trust (the “Trust”), dated as of March 8, 2022 (this “Amendment”), is made by and between abrdn ETFs Sponsor LLC (formerly, Aberdeen Standard Investments ETFs Sponsor LLC and ETF Securities USA LLC), a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

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Contract
Depositary Trust Agreement • May 5th, 2020 • New York

EX-4.1 3 ex4_1.htm EXHIBIT 4.1 Exhibit 4.1 FORM OF DEPOSITARY TRUST AGREEMENT AMONG BANK OF MONTREAL, AS INITIAL DEPOSITOR BMO CAPITAL MARKETS CORP., AS PLACEMENT AGENT AND INITIAL CALCULATION AGENT AND THE BANK OF NEW YORK MELLON, AS TRUSTEE AND BNY MELLON TRUST OF DELAWARE, AS DELAWARE TRUSTEE DATED AS OF _________ __, 2014

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RYDEX SPECIALIZED PRODUCTS LLC, d/b/a “RYDEX INVESTMENTS”, as Sponsor, THE BANK OF NEW YORK, as Trustee, ALL REGISTERED OWNERS AND BENEFICIAL OWNERS OF SINGAPORE DOLLAR SHARES ISSUED HEREUNDER and ALL DEPOSITORS Form of Depositary Trust Agreement
Depositary Trust Agreement • May 7th, 2008 • CurrencyShares Singapore Dollar Trust • New York

THIS DEPOSITARY TRUST AGREEMENT dated as of [ ], 200 , between Rydex Specialized Products LLC, a Delaware limited liability company d/b/a “RYDEX INVESTMENTS”, as sponsor, THE BANK OF NEW YORK, a New York banking corporation, as trustee, all Registered Owners and Beneficial Owners from time to time of Singapore Dollar Shares issued hereunder and all Depositors.

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SECOND AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ABERDEEN STANDARD PALLADIUM ETF TRUST
Depositary Trust Agreement • March 14th, 2022 • Aberdeen Standard Palladium ETF Trust • Commodity contracts brokers & dealers • New York

This Second Amendment to the Depositary Trust Agreement of the Aberdeen Standard Palladium ETF Trust (formerly, ETFS Palladium Trust), a New York common law trust (the “Trust”), dated as of March 8, 2022 (this “Amendment”), is made by and between abrdn ETFs Sponsor LLC (formerly, Aberdeen Standard Investments ETFs Sponsor LLC and ETFs Securities USA LLC), a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

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as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee Third Amended and Restated Depositary Trust Agreement
Depositary Trust Agreement • February 28th, 2013 • Ishares Gold Trust • Commodity contracts brokers & dealers • New York

THIS THIRD AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT dated as of February 28, 2013, between iSHARES® DELAWARE TRUST SPONSOR LLC, a Delaware limited liability company, as sponsor, THE BANK OF NEW YORK MELLON, a New York banking corporation formerly known as The Bank of New York, as trustee, all Registered Owners and Beneficial Owners from time to time of Shares issued hereunder and all Depositors

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BLACKROCK ASSET MANAGEMENT INTERNATIONAL INC, as Sponsor and THE BANK OF NEW YORK MELLON, as Trustee Second Amended and Restated Depositary Trust Agreement
Depositary Trust Agreement • September 2nd, 2010 • Ishares Comex Gold Trust • Gold and silver ores • New York

THIS SECOND AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT dated as of September 2, 2010, between BLACKROCK ASSET MANAGEMENT INTERNATIONAL INC., a Delaware corporation, as the sponsor, THE BANK OF NEW YORK MELLON, a New York banking corporation formerly known as The Bank of New York, as trustee, all Registered Owners and Beneficial Owners from time to time of Shares issued hereunder and all Depositors

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AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ETFS PALLADIUM TRUST
Depositary Trust Agreement • February 28th, 2020 • Aberdeen Standard Palladium ETF Trust • Commodity contracts brokers & dealers • New York

This Amendment to the Depositary Trust Agreement of the ETFS Palladium Trust (this “Amendment”), dated as of September 20, 2018, is made by and between Aberdeen Standard Investments ETFs Sponsor LLC (formerly, ETFS Securities USA LLC), a Delaware limited liability company, as sponsor of the ETFS Palladium Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the ETFS Palladium Trust (the “Trustee”).

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BARCLAYS GLOBAL INVESTORS INTERNATIONAL INC, as Sponsor And THE BANK OF NEW YORK MELLON, as Trustee First Amendment to Depositary Trust Agreement
Depositary Trust Agreement • December 2nd, 2009 • iShares Silver Trust • Gold and silver ores • New York

THIS FIRST AMENDMENT (this “Amendment”) to the Depositary Trust Agreement dated as of April 21, 2006 is entered into on November 30, 2009, by and between BARCLAYS GLOBAL INVESTORS INTERNATIONAL INC, a Delaware corporation, in its capacity as Sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee.

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AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ETFS GOLD TRUST
Depositary Trust Agreement • November 12th, 2019 • Aberdeen Standard Gold ETF Trust • Commodity contracts brokers & dealers • New York

This Amendment to the Depositary Trust Agreement of the ETFS Gold Trust (this “Amendment”), dated as of September 20, 2018, is made by and between Aberdeen Standard Investments ETFs Sponsor LLC (formerly, ETFS Securities USA LLC), a Delaware limited liability company, as sponsor of the ETFS Gold Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the ETFS Gold Trust (the “Trustee”).

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VAN ECK MERK GOLD TRUST SECOND AMENDMENT TO DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • April 29th, 2016 • VanEck Merk Gold Trust • Commodity contracts brokers & dealers • New York

This SECOND AMENDMENT TO DEPOSITARY TRUST AGREEMENT (this “Amendment”), dated as of April 28, 2016, is by and between Merk Investments LLC (“Merk Investments”), a Delaware limited liability company, as the sponsor of the Van Eck Merk Gold Trust (in such capacity, the “Sponsor”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as the trustee of the Van Eck Merk Gold Trust (the “Trustee”):

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SECOND AMENDMENT TO THE DEPOSITARY TRUST AGREEMENT OF ABERDEEN STANDARD PRECIOUS METALS BASKET ETF TRUST
Depositary Trust Agreement • March 14th, 2022 • Aberdeen Standard Precious Metals Basket ETF Trust • Commodity contracts brokers & dealers • New York

This Second Amendment to the Depositary Trust Agreement of the Aberdeen Standard Precious Metals Basket ETF Trust (formerly, ETFS Precious Metals Basket Trust), a New York common law trust (the “Trust”), dated as of March 8, 2022 (this “Amendment”), is made by and between abrdn ETFs Sponsor LLC (formerly, Aberdeen Standard Investments ETFs Sponsor LLC and ETF Securities USA LLC), a Delaware limited liability company, as sponsor of the Trust (the “Sponsor”), and The Bank of New York Mellon, a New York banking corporation, as the trustee of the Trust (the “Trustee”).

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FIRST AMENDMENT TO FIRST AMENDED AND RESTATED DEPOSITARY TRUST AGREEMENT
Depositary Trust Agreement • October 25th, 2022 • iShares Gold Trust Micro • Commodity contracts brokers & dealers • New York

This FIRST AMENDMENT (this “Amendment”) to the First Amended and Restated Depositary Trust Agreement dated as of January 31, 2022, is entered into as of October 24, 2022, between iSHARES® DELAWARE TRUST SPONSOR LLC, a Delaware limited liability company, as Sponsor, and THE BANK OF NEW YORK MELLON, a New York banking corporation, as Trustee.

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