35 unchanged sentences
and for breach of fiduciary duty by Mr.
+Added: The claims for declaratory relief and for return of property have since been dismissed.
On June 28, 2021, Dale Riker, individually and derivatively on behalf of the Sponsor, filed a new suit in the Court of Chancery of the State of Delaware against the Sponsor’s officers and certain of the Sponsor’s Class A Members.
3 unchanged sentences
(the “ Riker c ase”).
−Removed: On September 7, 2021, Dale Riker and Barbara Riker filed their answers to the Gilbertie complaint.
−Removed: As a result of the Court having ordered the consolidation of the Gilbertie c ase and Riker c ase, the claims in the Riker c ase were re-filed as counterclaims in the Gilbertie c ase, which accompanied the Rikers’ answers.
+Added: The Court ordered Mr.
+Added: Riker’s newly filed Delaware action consolidated with the Gilbertie case.
+Added: As a result, on September 7, 2021, Dale Riker and Barbara Riker filed their answers to the Gilbertie complaint, and the claims in the Riker c ase were re-filed as counterclaims in the Gilbertie c ase, along with claims by Barbara Riker, which accompanied the Rikers’ answers.
The now-consolidated Gilbertie c ase and the Riker c ase is captioned Sal Gilbertie, Cory Mullen-Rusin, Steve Kahler, Carl Miller III, and Teucrium Trading LLC v.
1 unchanged sentence
2020-1018-LWW.
−Removed: Through their counterclaims, the Rikers assert direct and derivative claims for breach of fiduciary duty, breach of contract, declaratory relief, specific performance, unjust enrichment, fraud, and conspiracy to commit fraud.
−Removed: The Sponsor intends to pursue its claims and defend vigorously against the Rikers’ counterclaims in Delaware.
−Removed: Except as described above, within the past 10 years of the date of this prospectus, there have been no material administrative, civil or criminal actions against the Sponsor, the Trust or the Fund, or any principal or affiliate of any of them.
−Removed: This includes any actions pending, on appeal, concluded, threatened, or otherwise known to them.
+Added: Through their counterclaims, the Rikers asserted direct and derivative claims for breach of fiduciary duty, breach of contract, declaratory relief, specific performance, unjust enrichment, fraud, and conspiracy to commit fraud.
+Added: The Sponsor and the individual plaintiffs/counterclaim-defendants moved to dismiss the Rikers’ claims.
+Added: On April 6, 2022, the Court announced its decision on the motion to dismiss in an oral ruling, which was subsequently implemented in a written order dated April 18, 2022.
+Added: The Court dismissed all of the Rikers’ counterclaims, except for a portion of one count alleging breach of contract against Messrs.
+Added: Gilbertie and Miller.
+Added: All of the dismissals were with prejudice, with the exception of the dismissal of Mr.
+Added: Riker’s claim against Mr.
+Added: Gilbertie that sought specific performance of an alleged agreement for Mr.
+Added: Gilbertie to purchase Mr.
+Added: Riker’s equity in the Company.
+Added: The Court dismissed that claim without prejudice.
+Added: On April 25, 2022, Mr.
+Added: Riker filed a motion for reconsideration of the Court’s dismissal of his derivative claims for breach of contract against Mr.
+Added: Gilbertie and for unjust enrichment against Mr.
+Added: Gilbertie, Mr.
+Added: Kahler, and Ms.
+Added: Mullen-Rusin, both of which concern the Company’s advancement of legal fees on behalf of those individuals.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.