0001193125-23-297571 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT OF ARK 21SHARES BITCOIN ETF Dated as of ___________, 2023 By and Among 21SHARES US LLC DELAWARE TRUST COMPANY and THE SHAREHOLDERS FROM TIME TO TIME HEREUNDER
Trust Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT of ARK 21SHARES BITCOIN ETF (the “Trust”) is made and entered into as of the _______ day of December, 2023, by and among 21SHARES US LLC, a Delaware limited liability company and sponsor of the Trust (the “Sponsor”), DELAWARE TRUST COMPANY, a Delaware corporation, as trustee (the “Trustee”), and the SHAREHOLDERS from time to time hereunder.

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SPONSOR AGREEMENT
Sponsor Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • Delaware

THIS SPONSOR AGREEMENT (the “Agreement”), dated as of [ ], 2023, is made by and between 21Shares US LLC, a Delaware limited liability company (“Sponsor”), and ARK 21Shares Bitcoin ETF, a statutory trust organized under the laws of Delaware (the “Trust”).

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FORM OF ARK 21SHARES BITCOIN ETF AUTHORIZED PARTICIPANT AGREEMENT
Authorized Participant Agreement • December 18th, 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”).

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TRUST AGREEMENT OF ARK 21Shares Bitcoin ETF
Trust Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers

THIS TRUST AGREEMENT (this “Agreement”) is made as of June 21, 2021, by and between 21Shares US LLC, as depositor (the “Depositor”), and DELAWARE TRUST COMPANY, as trustee (the “Trustee”). The parties hereto hereby agree as follows:

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SUBSCRIPTION AGREEMENT
Subscription Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers

THIS SUBSCRIPTION AGREEMENT is entered into as of the 12th day of December, 2023, between Ark 21Shares Bitcoin ETF, a Delaware statutory trust organized and existing under the laws of Delaware (the “Trust”), and 21Shares US LLC, a limited liability company organized and existing under the laws of Delaware (the “Purchaser”).

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FORM OF PRIME BROKER AGREEMENT General Terms and Conditions
Financing Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York
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SUPPORT SERVICES AGREEMENT
Support Services Agreement • December 18th, 2023 • Ark 21Shares Bitcoin ETF • Commodity contracts brokers & dealers • New York

THIS SUPPORT SERVICES AGREEMENT (the “Agreement”) is effective as of the day of , 2023 (the “Effective Date”), between 21Shares US LLC, a Delaware limited liability company (“21Shares” or a “Party”), and ARK Investment Management, LLC, a Delaware limited liability company (“ARK” or a “Party” and, together with 21Shares, the “Parties”).

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