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 ether or cash upon the issuance of Shares; (b) Hold any property other than (i) ether, Incidental Rights and IR Assets, (ii) cash from the sale of ether, Incidental Rights or IR Assets or received in connection with a Cash Creation Order and (iii) interests in any liquidating trust or other vehicle formed to hold Incidental Rights or IR Assets pending distribution of such interests to the Shareholders; (c) Hold any cash from the sale of ether, Incidental Rights or IR Assets for more than thirty (30) Business Days prior to using such cash to pay Extraordinary Expenses or satifying Redemption Orders 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 5.1 or (iii) upon the dissolution of the Trust; (e) Elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or (f) Notwithstanding any other provision of this Trust Agreement, including Section 6.4(b), take any action that could cause the Trust to be treated other than as a grantor trust for U.S. federal income tax purposes.
Appears in 4 contracts
Sources: Trust Agreement (Fidelity Ethereum Fund), Trust Agreement (Fidelity Ethereum Fund), Trust Agreement (Fidelity Ethereum Fund)
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 ether bitcoin or cash upon the issuance of Shares;
(b) Hold any property other than (i) etherbitcoin, Incidental Rights and IR Assets, (ii) cash from the sale of etherbitcoin, Incidental Rights or IR Assets or received in connection with a Cash Creation Order and (iii) interests in any liquidating trust or other vehicle formed to hold Incidental Rights or IR Assets pending distribution of such interests to the Shareholders;
(c) Hold any cash from the sale of etherbitcoin, Incidental Rights or IR Assets for more than thirty (30) Business Days prior to using such cash to pay Extraordinary Expenses or satifying Redemption Orders 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 5.1 or (iii) upon the dissolution of the Trust;
(e) Elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or
(f) Notwithstanding any other provision of this Trust Agreement, including Section 6.4(b), take any action that could cause the Trust to be treated other than as a grantor trust for U.S. federal income tax purposes.
Appears in 3 contracts
Sources: Trust Agreement (Fidelity Wise Origin Bitcoin Fund), Trust Agreement (Fidelity Wise Origin Bitcoin Fund), Trust Agreement (Fidelity Wise Origin Bitcoin Fund)
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 ether XRP or cash upon the issuance of Shares;
(b) Hold any property other than (i) etherXRP, Incidental Rights and IR Assets, (ii) cash from the sale of etherXRP, Incidental Rights or IR Assets or received in connection with a Cash Creation Order and (iii) interests in any liquidating trust or other vehicle formed to hold Incidental Rights or IR Assets pending distribution of such interests to the Shareholders;
(c) Hold any cash from the sale of etherXRP, Incidental Rights or IR Assets for more than thirty (30) Business Days prior to using such cash to pay Extraordinary Expenses or satifying Redemption Orders 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 5.1 or (iii) upon the dissolution of the Trust;
(e) Elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or
(f) Notwithstanding any other provision of this Trust Agreement, including Section 6.4(b), take any action that could cause the Trust to be treated other than as a grantor trust for U.S. federal income tax purposes.
Appears in 2 contracts
Sources: Trust Agreement (CoinShares XRP ETF), Trust Agreement (Canary XRP 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 ether HBAR or cash upon the issuance of Shares;
(b) Hold any property other than (i) etherHBAR, Incidental Rights and IR Assets, (ii) cash from the sale of etherHBAR, Incidental Rights or IR Assets or received in connection with a Cash Creation Order and (iii) interests in any liquidating trust or other vehicle formed to hold Incidental Rights or IR Assets pending distribution of such interests to the Shareholders;
(c) Hold any cash from the sale of etherHBAR, Incidental Rights or IR Assets for more than thirty (30) Business Days prior to using such cash to pay Extraordinary Expenses or satifying Redemption Orders 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 5.1 or (iii) upon the dissolution of the Trust;
(e) Elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or
(f) Notwithstanding any other provision of this Trust Agreement, including Section 6.4(b), take any action that could cause the Trust to be treated other than as a grantor trust for U.S. federal income tax purposes.
Appears in 2 contracts
Sources: Trust Agreement (Canary HBAR ETF), Trust Agreement (Canary Litecoin 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 ether HBAR or cash upon the issuance of Shares;
(b) Hold any property other than (i) etherHBAR, Incidental Rights and IR Assets, (ii) cash from the sale of etherHBAR, Incidental Rights or IR Assets or received in connection with a Cash Creation Order and (iii) interests in any liquidating trust or other vehicle formed to hold Incidental Rights or IR Assets pending distribution of such interests to the Shareholders;
(c) Hold any cash from the sale of etherHBAR, Incidental Rights or IR Assets for more than thirty (30) Business Days prior to using such cash to pay Extraordinary Expenses or satifying satisfying Redemption Orders and distributing any remaining cash to the Shareholders;
(d) redeem Redeem the Shares other than (i) to satisfy a Redemption Order from an Authorized Participant, (ii) as provided in Section 5.1 or (iii) upon the dissolution of the Trust;
(e) Elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or
(f) Notwithstanding any other provision of this Trust Agreement, including Section 6.4(b), take any action that could cause the Trust to be treated other than as a grantor trust for U.S. federal income tax purposes.
Appears in 2 contracts
Sources: Trust Agreement (Canary HBAR ETF), Trust Agreement (Canary HBAR 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 ether Litecoin or cash upon the issuance of Shares;
(b) Hold any property other than (i) etherLitecoin, Incidental Rights and IR Assets, (ii) cash from the sale of etherLitecoin, Incidental Rights or IR Assets or received in connection with a Cash Creation Order and (iii) interests in any liquidating trust or other vehicle formed to hold Incidental Rights or IR Assets pending distribution of such interests to the Shareholders;
(c) Hold any cash from the sale of etherLitecoin, Incidental Rights or IR Assets for more than thirty (30) Business Days prior to using such cash to pay Extraordinary Expenses or satifying Redemption Orders 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 5.1 or (iii) upon the dissolution of the Trust;
(e) Elect to be treated as an association taxable as a corporation for U.S. federal income tax purposes; or
(f) Notwithstanding any other provision of this Trust Agreement, including Section 6.4(b), take any action that could cause the Trust to be treated other than as a grantor trust for U.S. federal income tax purposes.
Appears in 1 contract