Capital seeks to avoid the alleged preferential transfers pursuant to 11 U.S.C. § 547(b), as well as recovery of property and disallowance of claims. Genesis Capital is seeking to avoid transfers to GSI, the predecessor in interest to GSO prior to the Merger, of 105 BTC and 37,647.06 ETC. GSO believes this lawsuit is without merit and intends to vigorously defend against it. As of the date of this prospectus, the Sponsor does not expect the foregoing proceedings to have a material adverse effect on the Trust’s business, financial condition or results of operations. The Sponsor and/or the Trust may be subject to additional legal proceedings and disputes in the future.
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