0001193125-23-280262 Sample Contracts

FORM OF TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers

THIS AGREEMENT is made as of the ___________ day of ___________, by and between ARK 21Shares Bitcoin ETF (hereinafter the “Trust”), a Delaware statutory trust, having its principal office and place of business at 477 Madison Avenue, New York, New York 10022 and THE BANK OF NEW YORK MELLON, a New York corporation authorized to do a banking business having its principal office and place of business at 240 Greenwich Street, New York, New York 10286 (the “Bank”).

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FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made as of by and between ARK 21Shares Bitcoin ETF (hereinafter the “Trust”), a Delaware statutory trust, having its principal office and place of business at 477 Madison Avenue, New York, New York 10022 and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY Mellon”).

FORM OF CASH CUSTODY AGREEMENT By and Between THE BANK OF NEW YORK MELLON And ARK 21SHARES BITCOIN ETF
Custody Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York

This Custody Agreement is made and entered into as of the latest date set forth on the signature page hereto (the “Effective Date”) by and between THE BANK OF NEW YORK MELLON, a New York state chartered bank (“BNY Mellon”), and ARK 21SHARES BITCOIN ETF, a Delaware statutory trust (“Customer”), by 21Shares US LLC, the Sponsor to the Customer. BNY Mellon and Customer are collectively referred to as the “Parties” and individually as a “Party”.

FORM OF PRIME BROKER AGREEMENT General Terms and Conditions
Prime Broker Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
EXHIBIT A to the Form of Prime Broker Agreement FORM OF CUSTODIAL SERVICES AGREEMENT
Form of Custodial Services Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers

This Custody Agreement is entered into between Client and Coinbase Custody and forms a part of the Prime Broker Agreement between the Client and the Coinbase Entities. Capitalized terms used in this Custody Agreement that are not defined herein shall have the meanings assigned to them in the other parts of the Prime Broker Agreement.

FORM OF ARK 21SHARES BITCOIN ETF AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York

This Authorized Participant Agreement (the “Agreement”), dated as of __________________, 2023, is entered into by and among ARK 21Shares Bitcoin ETF (the “Trust”), 21Shares US LLC, a Delaware limited liability company and the sponsor of the Trust (the “Sponsor”), as sponsor of the Trust, and_____ ., a [Delaware corporation] (the “Authorized Participant”), and is subject to acceptance by The Bank of New York Mellon (“BNY Mellon” or “Transfer Agent”).

FORM OF MARKETING AGENT AGREEMENT
Form of Marketing Agent Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York

THIS AGREEMENT is made and entered into as of this _____ day of _________by and among ARK 21Shares Bitcoin ETF, a Delaware statutory trust (the “Trust” or the “Client”), which is sponsored by 21Shares US LLC (a wholly-owned subsidiary of Amun Holding Ltd.), a Delaware limited liability company (the “Sponsor”), and Foreside Global Services, LLC, a Delaware limited liability company (“Foreside”).

FORM OF INDEX LICENSING AGREEMENT
Form of Index Licensing Agreement • November 20th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • England and Wales
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