EX-99.(H)(XX)(2) 11 ex99-hxx2.htm AMENDMENT TO THE RULE 12D1-4 FUND OF FUNDS INVESTMENT AGREEMENT (DIREXION SHARES)

 

Tidal Trust I 485BPOS

Exhibit 99(h)(xx)(2)

 

New Series Amendment

 

This New Series Amendment (this “Amendment”) is made as of June 16, 2025 by and between Tidal ETF Trust (the “Acquiring Trust”), and Direxion Shares ETF Trust (the “Trust”).

 

BACKGROUND:

 

A.The Acquiring Trust and the Trust are parties to a Fund of Funds Investment Agreement made and entered into as of October 3, 2022, as amended to date (the “Agreement”).

 

B.The parties desire to amend the Agreement to incorporate a change in the name of the Acquiring Trust.

 

C.The parties desire to amend and restate Section 5 of the Agreement.

 

D.The parties desire to amend Schedule A to add one or more new Acquiring Funds.

 

E.This Background section to this Amendment hereto is hereby incorporated by reference into, and made a part of, this Amendment.

 

TERMS:

 

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows, intending to be legally bound:

 

1.Effective as of June 16, 2025, the name of the Acquiring Trust shall be changed to “Tidal Trust I.”

 

2.Effective as of June 16, 2025, Section 5 of the Agreement shall be amended and restated as follows:

 

All notices, including all information that either party is required to provide under the terms of this Agreement and the Rule, shall be in writing and shall be delivered by registered or overnight mail, facsimile, or electronic mail to the address for each party specified below (which address may be changed from time to time by written notice to the other party).

 

If to the Acquiring Fund: If to the Acquired Fund:
   

Tidal Trust I

Attn: Eric Falkeis 

234 W Florida St, Suite 203 

Milwaukee, WI 53204

Email: efalkeis@tidalfg.com

 

With a copy to:

Tidal Investments LLC 

Attn: Michael Pellegrino, General Counsel

234 West Florida Street, Suite 203 

Milwaukee, Wisconsin 53204

Email: mpellegrino@tidalfg.com

 

Rafferty Asset Management, LLC 

1301 Avenue of the Americas (6th Ave.),

28th Floor 

New York, NY 10019

Attn: Angela Brickl

Fax: (646) 572-3658 

Email:

compliancedirexion@direxionfunds.com

 

 

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New Series Amendment

 

3.Effective as of June 16, 2025, Schedule A to the Agreement is amended and supplemented with the addition of the following new Acquiring Fund:

 

ATAC Rotation Fund

 

4.Miscellaneous.

 

4.1Capitalized terms not defined in this Amendment shall have the respective meanings set forth in the Agreement.

 

4.2Except as specifically amended by this Amendment, and except as necessary to conform to the intention of the parties hereinabove set forth, the Agreement shall remain unaltered and in full force and effect and is hereby ratified and confirmed.

 

4.3The Agreement, as amended hereby, together with its Schedules, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior communications with respect thereto.

 

4.4This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The facsimile signature of any party to this Amendment shall constitute the valid and binding execution hereof by such party.

 

[Signature Page Follows]

 

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New Series Amendment

 

IN WITNESS WHEREOF, the parties have caused this Amendment to be signed by duly authorized representatives as of the date first set forth above.

 

TIDAL TRUST I, on behalf of each of its series

listed on Schedule A, severally and not jointly:

  
By:  
Print Name: Eric Falkeis
 Title: President

 

DIREXION SHARES ETF TRUST, on behalf of
each of its series

 

By:  

Print Name: Alyssa Sherman
 Title: Secretary

 

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