EX-99.(E)(I)(5) 4 exei5fifthamendetfdist.htm EX-99.(E)(I)(5) FIFTH AMEND ETF DISTRIBUTION AGMT TIDAL Document
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FIFTH AMENDMENT TO
ETF DISTRIBUTION AGREEMENT

This fifth amendment (the “Amendment”) to the ETF Distribution Agreement dated as of January 3, 2019, as amended (the “Agreement”), by and between Tidal ETF Trust (the “Trust”) and Foreside Fund Services, LLC (“Foreside”), is entered into with an effective date of October 29, 2020 (the “Effective Date”).

WHEREAS, Foreside and the Trust (the “Parties”) desire to amend Exhibit A of the Agreement to reflect the addition of six new Funds; and

WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by all parties.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1.Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.

2.Exhibit A to the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto to reflect the addition of the Gotham Enhanced 500 ETF, Sound Fixed Income ETF, Sound Enhanced Fixed Income ETF, Sound Equity Income ETF, Sound Enhanced Equity Income ETF and Sound Total Return ETF.

3.Except as expressly amended hereby, all of the provisions of the Agreement are restated and in full force and effect to the same extent as if fully set forth herein.

4.This Amendment shall be governed by and the provisions of this Amendment shall be construed and interpreted under and in accordance with the laws of the State of Delaware.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed in their names and on their behalf by and through their duly authorized officers, on the Execution Date.


TIDAL ETF TRUST
FORESIDE FUND SERVICES, LLC
By: /s/ Eric W. Falkeis
By: /s/ Mark Fairbanks
Name: Eric FalkeisMark Fairbanks
Title: PresidentVice President



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ETF DISTRIBUTION AGREEMENT

Exhibit A


Effective as of October 29, 2020


FUNDS:

Aware Ultra-Short Duration Enhanced Income ETF
RPAR Risk Parity ETF
SoFi 50 ETF
SoFi Select 500 ETF
SoFi Gig Economy ETF
SoFi Next 500 ETF
SP Funds Dow Jones Global Sukuk ETF
SP Funds S&P 500 Sharia Industry Exclusions ETF
SoFi Weekly Income ETF
Leatherback Long/Short Absolute Return ETF
Leatherback Long/Short Alternative Yield ETF
Adasina Social Justice All Cap Global ETF
ATAC US Rotation ETF
Gotham Enhanced 500 ETF
Sound Fixed Income ETF
Sound Enhanced Fixed Income ETF
Sound Equity Income ETF
Sound Enhanced Equity Income ETF
Sound Total Return ETF












A-1