Common use of General Prohibitions Clause in Contracts

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents upon the issuance of Shares; (b) Hold any property other than Index Constituents, or cash from the sale of Index Constituents or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (d) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (e) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (f) Commingle the Trust Estate with the assets of any other Person; (g) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (h) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (i) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (j) Take any action that would result in the Trust being treated other than a partnership for U.S. federal tax purposes.

Appears in 5 contracts

Sources: Trust Agreement (Hashdex Nasdaq CME Crypto Index ETF), Trust Agreement (Hashdex Nasdaq Crypto Index US ETF), Trust Agreement (Hashdex Nasdaq Crypto Index US ETF)

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents DOT upon the issuance of Shares; (b) Hold any property other than Index ConstituentsDOT, Incidental Rights, IR Virtual Currency, or cash from the sale of Index Constituents DOT or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of DOT, Incidental Rights or IR Virtual Currency for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled cancelled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 4 contracts

Sources: Trust Agreement (21Shares Polkadot ETF), Trust Agreement (21Shares Polkadot ETF), Trust Agreement (21Shares Polkadot ETF)

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents bitcoin upon the issuance of Shares; (b) Hold any property other than Index Constituentsbitcoin, or cash from the sale of Index Constituents bitcoin or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of bitcoin for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Delegated Sponsor or any Affiliate of the Delegated Sponsor, or permit the Delegated Sponsor or any Affiliate of the Delegated Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Delegated Sponsor or an Affiliate of the Delegated Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 3 contracts

Sources: Trust Agreement (Morgan Stanley Bitcoin Trust), Trust Agreement (Morgan Stanley Bitcoin Trust), Trust Agreement (Morgan Stanley Bitcoin Trust)

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents Dogecoin upon the issuance of Shares; (b) Hold any property other than Index ConstituentsDogecoin, Incidental Rights, IR Virtual Currency, or cash from the sale of Index Constituents Dogecoin or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of Dogecoin, Incidental Rights or IR Virtual Currency for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled cancelled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 3 contracts

Sources: Trust Agreement (21Shares Dogecoin ETF), Trust Agreement (21Shares Dogecoin ETF), Trust Agreement (21Shares Dogecoin ETF)

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents ether upon the issuance of Shares; (b) Hold any property other than Index Constituentsether, or cash from the sale of Index Constituents ether or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of ether for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 3 contracts

Sources: Trust Agreement (21Shares Ethereum ETF), Trust Agreement (21Shares Ethereum ETF), Trust Agreement (21Shares Core Ethereum ETF)

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents SOL upon the issuance of Shares; (b) Hold any property other than Index ConstituentsSOL, Incidental Rights, IR Virtual Currency, or cash from the sale of Index Constituents SOL or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of SOL, Incidental Rights or IR Virtual Currency for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled cancelled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 2 contracts

Sources: Trust Agreement (21Shares Solana ETF), Trust Agreement (21Shares Solana ETF)

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents SUI upon the issuance of Shares; (b) Hold any property other than Index ConstituentsSUI, Incidental Rights, IR Virtual Currency, or cash from the sale of Index Constituents SUI or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of SUI, Incidental Rights or IR Virtual Currency for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled cancelled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 2 contracts

Sources: Trust Agreement (21Shares Sui ETF), Trust Agreement (21Shares Sui ETF)

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents bitcoin upon the issuance of Shares; (b) Hold any property other than Index Constituentsbitcoin, or cash from the sale of Index Constituents bitcoin or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of bitcoin for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 2 contracts

Sources: Trust Agreement (Ark 21Shares Bitcoin ETF), Trust Agreement (Ark 21Shares Bitcoin ETF)

General Prohibitions. The Trust shall not, and the Sponsor shall not have the power to cause the Trust to: (a) Receive any property other than Index Constituents Bitcoin upon the issuance of Shares; (b) Hold any property other than Index Constituents(i) Bitcoin, or Incidental Rights and IR Virtual Currency, (ii) cash from the sale of Index Constituents Bitcoin, Incidental Rights or IR Virtual Currency and (iii) interests in any liquidating trust or other vehicle formed to hold Incidental Rights or IR Virtual Currency pending distribution of such interests to the Shareholders; (c) Redeem Hold any cash from the sale of Bitcoins, Incidental Rights or IR Virtual Currency for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) If the redemption of Shares is not authorized pursuant to Section 5.1, redeem any Shares other than upon the dissolution of the Trust; (e) If the redemption of Shares is authorized pursuant to Section 5.1, redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized a Participant, (ii) as provided in Section 6.8 5.2 or Section 5.3 or (iii) upon the dissolution of the Trust; (df) Borrow money from from, or loan money to to, any Shareholder (including Shareholder, the Sponsor) Sponsor or any other Person; (eg) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except for (i) liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been establishedestablished and (ii) liens by the Trustee against the Trust property as security for any amounts owing to the Trustee hereunder; (fh) Commingle the Trust Estate with the assets of any other Person; (gi) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hj) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled by the Trust without penalty on sixty one hundred twenty (60120) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ik) Cause the Trust to elect Enter into any exclusive brokerage contract; (l) Elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jm) Take Notwithstanding any other provision of this Trust Agreement, including Section 6.4(b), take any action that would result in could cause the Trust being to be treated other than as a partnership grantor trust for U.S. federal income tax purposes.

Appears in 1 contract

Sources: Declaration of Trust and Trust Agreement (Grayscale Bitcoin Trust (BTC))

General Prohibitions. The Trust shall not: (a) Receive any property other than Index Constituents DOT upon the issuance of Shares; (b) Hold any property other than Index ConstituentsDOT, Incidental Rights, IR Virtual Currency, or cash from the sale of Index Constituents DOT, Incidental Rights or IR Virtual Currency or interests in any liquidating trust or other vehicle formed to hold pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of DOT, Incidental Rights or IR Virtual Currency for more than thirty (30) Business Days prior to using such cash to pay Additional Trust Expenses and distributing any remaining cash to the Shareholders; (d) Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participantin accordance with Section 3.1(b) hereof, (ii) as provided in Section 6.8 or (iii) upon the dissolution of the Trust; (de) Borrow money from or loan money to any Shareholder (including the Sponsor) or any other Person; (ef) Create, incur, assume or suffer to exist any lien, mortgage, pledge conditional sales or other title retention agreement, charge, security interest or encumbrance on or with respect to the Trust Estate, except liens for taxes not delinquent or being contested in good faith and by appropriate proceedings and for which appropriate reserves have been established; (fg) Commingle the Trust Estate with the assets of any other Person; (gh) Permit rebates to be received by the Sponsor or any Affiliate of the Sponsor, or permit the Sponsor or any Affiliate of the Sponsor to engage in any reciprocal business arrangements which would circumvent the foregoing prohibition; (hi) Enter into any contract with the Sponsor or an Affiliate of the Sponsor (A) that, except for selling agreements for the sale of Shares, has a term of more than one year and that does not provide that it may be canceled cancelled by the Trust without penalty on sixty (60) days prior written notice or (B) for the provision of services, except at rates and terms at least as favorable as those that may be obtained from third parties in arm’s length negotiations; (ij) Cause the Trust to elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (jk) Take any action that would result in the Trust being treated other than a partnership grantor trust for U.S. federal tax purposes.

Appears in 1 contract

Sources: Trust Agreement (21Shares Polkadot ETF)