EX-99.(D)(VI)(2) 4 ex99-dvi2.htm SECOND AMENDMENT TO THE INVESTMENT ADVISORY AGREEMENT

 

TIDAL ETF TRUST 485BPOS

Exhibit 99(d)(vi)(2)

 

SECOND AMENDMENT TO THE

 

TIDAL ETF TRUST

 

INVESTMENT ADVISORY AGREEMENT

 

with

 

TOROSO INVESTMENTS, LLC

 

THIS SECOND AMENDMENT dated as of October 4, 2023, to the Investment Advisory Agreement, dated as of October 29, 2020, as amended (the “Agreement”), entered into by and between TIDAL ETF TRUST (the “Trust”), on behalf of each series of the Trust listed on Amended Schedule A to the Agreement, as may be amended from time to time, and TOROSO INVESTMENTS, LLC (hereinafter called the “Adviser”).

 

RECITALS

 

WHEREAS, the parties have entered into the Agreement; and

 

WHEREAS, the Trust and the Adviser desire to amend the Agreement to add the Gotham Short Strategies ETF, as set forth on Amended Schedule A to the Agreement; and

 

WHEREAS, Section 21 of the Agreement allows for its amendment by a written instrument executed by both parties;

 

NOW, THEREFORE, the parties agree as follows:

 

Amended Schedule A of the Agreement is hereby superseded and replaced with Amended Schedule A attached hereto, for the purpose of adding the Gotham Short Strategies ETF, to be effective at the time the Gotham Short Strategies ETF commences operation pursuant to an effective amendment to the Trust’s Registration Statement under the Securities Act of 1933, as amended.

 

Except to the extent amended hereby, the Agreement shall remain unaltered and in full force and effect.

 

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.

 

TIDAL ETF TRUST   TOROSO INVESTMENTS, LLC
on behalf of its series listed on Amended Schedule A      
         
By: /s/ Eric W. Falkeis    By: /s/ Daniel H. Carlson 
Name: Eric W. Falkeis   Name: Daniel H. Carlson
Title: President   Title: Chief Financial Officer

 

 

 

Amended Schedule A

 

to the

 

TIDAL ETF TRUST

 

INVESTMENT ADVISORY AGREEMENT

 

with

 

TOROSO INVESTMENTS, LLC

 

Fund Name Advisory Fee Effective Date
Gotham Enhanced 500 ETF 0.65% 12/28/2020
Gotham 1000 Value ETF 0.65% 6/7/2022
Gotham Short Strategies ETF 1.35% Commencement of Operations