Declaration of Trust and Trust Agreement Sample Contracts

EXHIBIT: 4.1 AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • November 4th, 2003 • Popular Inc • State commercial banks • Delaware
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ConvexityShares Trust AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • July 3rd, 2023 • ConvexityShares Trust • Commodity contracts brokers & dealers • Delaware

This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of CONVEXITYSHARES TRUST (the “Trust”) is made and entered into as of July 3, 2023, by and between Teucrium Trading, LLC, a Delaware limited liability company, as Sponsor, and Wilmington Trust, National Association, a national banking association (“WTNA”), as Trustee.

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DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • August 12th, 2021 • Kryptoin Ethereum ETF Trust • Delaware

DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of July 30, 2021 (this “Trust Agreement”), between Kryptoin Investment Advisors LLC, a Delaware limited liability company, as sponsor (the “Sponsor”), and DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”). The Sponsor and the Trustee hereby agree as follows:

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DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • March 16th, 2010 • First Niagara Financial Group Inc • Savings institutions, not federally chartered • Delaware

This DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of March 15, 2010 (this “Trust Agreement”), among (i) First Niagara Financial Group, Inc., a Delaware corporation, as depositor (the “Depositor”); (ii) U.S. Bank Trust National Association, as Delaware trustee (the “Delaware Trustee”); (iii) U.S. Bank National Association, as property trustee (the “Property Trustee”); and (iv) John Mineo and Ann Segarra, each an individual, as administrative trustees (the “Administrative Trustees”) (each of such trustees in (ii), (iii), and (iv) a “Trustee” and collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows:

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DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • November 29th, 2023 • Pando Asset Spot Bitcoin Trust

DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of November 17, 2023 (this “Trust Agreement”), between Pando Asset AG, a Swiss company with limited liability, as sponsor (the “Sponsor”), and Donald J. Puglisi, as trustee (the “Trustee”). The Sponsor and the Trustee hereby agree as follows:

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AMENDMENT NO. 3 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF DB MULTI-SECTOR COMMODITY MASTER TRUST
Declaration of Trust and Trust Agreement • June 18th, 2010 • Db Silver Master Fund • Commodity contracts brokers & dealers

This Amendment No. 3 (“Amendment No. 3”) to the Amended and Restated Declaration of Trust and Trust Agreement dated as of November 21, 2006 (the “Declaration of Trust”) of DB Multi-Sector Commodity Master Trust (the “Master Trust”) by and among DB Commodity Services LLC (the “Managing Owner”), Wilmington Trust Company and PowerShares DB Multi-Sector Commodity Trust.

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AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • February 8th, 2017 • Winklevoss Bitcoin Trust • Commodity contracts brokers & dealers • Delaware

This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (this “Declaration of Trust and Trust Agreement”), dated as of February 1, 2017, amends and restates the Declaration of Trust and Trust Agreement dated December 30, 2014 (the “Initial Declaration of Trust and Trust Agreement”), between DIGITAL ASSET SERVICES, LLC (formerly Math-Based Asset Services, LLC), a Delaware limited liability company, as sponsor (the “Sponsor”), and DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”).

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AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF THE FARM TRUST
Declaration of Trust and Trust Agreement • March 6th, 2012

AGREEMENT is made by Leslie Hunt, Deborah Flowers, and Michael Lee, TRUSTEES OF THE FARM TRUST (hereinafter referred to as “Trustees”, and also in their capacity, if so interpreted by a court of law, as individual owners in fee simple, of the property and land so described below, this day of , 2012.

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THE CAMPBELL FUND TRUST AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • August 15th, 2011 • Campbell Fund Trust • Commodity contracts brokers & dealers • Delaware

THIS AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (the “Agreement”) of the Campbell Fund Trust (the “Trust”) is made and entered into this 3rd day of February, 2010, amending and restating in its entirety the Declaration of Trust, dated as of January 2, 1996, by and among U.S. Bank Trust National Association, a national banking association, as trustee (the “Trustee”), Campbell and Company, Inc., a Maryland corporation (as “Managing Operator”) and each other party who shall execute a counterpart of this Amended and Restated Declaration of Trust as an owner of a Unit (“Unit”) of beneficial interest of the Trust (individually, a “Unitholder” and, collectively, the “Unitholders”).

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SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF OSPREY BITCOIN TRUST Dated as of November 1, 2020 By and Among OSPREY FUNDS, LLC, DELAWARE TRUST COMPANY and THE UNITHOLDERS from time to time hereunder
Declaration of Trust and Trust Agreement • July 8th, 2021 • Osprey Bitcoin Trust • Delaware

This SECOND AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (“Trust Agreement”) of OSPREY BITCOIN TRUST is made and entered into as of the 1st day of November, 2020, by and among, OSPREY FUNDS, LLC, a Delaware limited liability company, DELAWARE TRUST COMPANY, a Delaware corporation, as trustee, and the UNITHOLDERS from time to time hereunder.

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AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF DB MULTI-SECTOR COMMODITY MASTER TRUST
Declaration of Trust and Trust Agreement • January 11th, 2008 • PowerShares DB Gold Fund • Commodity contracts brokers & dealers

This Amendment No. 1 (“Amendment No. 1”) to the Amended and Restated Declaration of Trust and Trust Agreement, dated as of November 21, 2006 (the “Declaration of Trust”), of DB Multi-Sector Commodity Master Trust (the “Trust”) by and between DB Commodity Services LLC (the “Managing Owner”) and Wilmington Trust Company.

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AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • March 29th, 2007 • MLM Index Fund • Commodity contracts brokers & dealers • Delaware

This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT (“Trust Agreement”) is made and entered into as of the 31st day of August, 1998 by and among MOUNT LUCAS INDEX MANAGEMENT CORPORATION, a Delaware corporation (the “Manager”), WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Trustee”), and the INTEREST HOLDERS from time to time hereunder.

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AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT Among SUPERIOR BANCORP, As Depositor THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. As Property Trustee BNY MELLON TRUST OF DELAWARE, As Delaware Trustee And THE SEVERAL HOLDERS OF THE...
Declaration of Trust and Trust Agreement • March 11th, 2010 • Superior Bancorp • State commercial banks • Delaware

Exhibit A — Certificate of Trust Exhibit B — Form of Common Securities Certificate Exhibit C — Form of Capital Securities Certificate

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AMENDMENT NO. 1 TO AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT DATED AS OF SEPTEMBER 10, 2007
Declaration of Trust and Trust Agreement • May 21st, 2008 • Brookshire Raw Materials (U.S.) Core CDN Fund • Commodity contracts brokers & dealers

This Amendment No. 1, dated May 15, 2008 (the “Amendment”), to the Amended and Restated Declaration of Trust and Trust Agreement dated as Of September 10, 2007 (the “Trust Agreement”) by and among Brookshire Raw Materials Management, LLC (“Brookshire”), CSC Trust Company of Delaware (the “Trustee”) and the Limited Owners.

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FORM OF AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF AIRSHARES™ EU CARBON ALLOWANCES FUND Dated as of September 10, 2008 By and Among XSHARES ADVISORS LLC, as Sponsor WILMINGTON TRUST COMPANY as Trustee and THE SHAREHOLDERS from...
Declaration of Trust and Trust Agreement • September 12th, 2008 • AirShares(TM) EU Carbon Allowances Fund • Commodity contracts brokers & dealers • Delaware

This AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT of AIRSHARES™ EU CARBON ALLOWANCES FUND is made and entered into as of the 10th day of September, 2008, by and among XSHARES ADVISORS LLC, a Delaware limited liability company, as sponsor, WILMINGTON TRUST COMPANY, a Delaware banking 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 OF DB MULTI-SECTOR COMMODITY MASTER TRUST
Declaration of Trust and Trust Agreement • September 30th, 2009 • DB Multi-Sector Commodity Master Trust • Commodity contracts brokers & dealers

This Amendment No. 2 (“Amendment No. 2”) to the Amended and Restated Declaration of Trust and Trust Agreement dated as of November 21, 2006 (the “Declaration of Trust”) of DB Multi-Sector Commodity Master Trust (the “Master Trust”) by and among DB Commodity Services LLC (the “Managing Owner”), Wilmington Trust Company and PowerShares DB Multi-Sector Commodity Trust.

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AMENDMENT NO. 2 TO THE AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT OF DB MULTI-SECTOR COMMODITY MASTER TRUST
Declaration of Trust and Trust Agreement • December 3rd, 2009 • Db Silver Master Fund • Commodity contracts brokers & dealers

This Amendment No. 2 (“Amendment No. 2”) to the Amended and Restated Declaration of Trust and Trust Agreement dated as of November 21, 2006 (the “Declaration of Trust”) of DB Multi-Sector Commodity Master Trust (the “Master Trust”) by and among DB Commodity Services LLC (the “Managing Owner”), Wilmington Trust Company and PowerShares DB Multi-Sector Commodity Trust.

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GREENHAVEN CONTINUOUS COMMODITY INDEX FUND DECLARATION OF TRUST AND TRUST AGREEMENT
Declaration of Trust and Trust Agreement • August 1st, 2007 • GreenHaven Continuous Commodity Index Fund • Commodity contracts brokers & dealers • Delaware

THIS DECLARATION OF TRUST AND TRUST AGREEMENT (the “Trust Agreement”) of GreenHaven Continuous Commodity Index Fund (the “Trust”) is made and entered into as of the 27th day of October, 2006 and as amended on July 29, 2007, by and among GreenHaven Commodity Services, LLC, a Delaware limited liability company (the “Managing Owner”), CSC Trust Company of Delaware, a Delaware corporation (the “Trustee”), and the unitholders from time to time hereunder (the “Unitholders”).

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