EX-99.(D)(VIII)(1) 2 firstamendmenttoinvestment.htm EX-99.(D)(VIII)(1) FIRST AMENDMENT INVESTMENT ADV AGMT ATAC JOJO Document

FIRST AMENDMENT TO THE TIDAL ETF TRUST
INVESTMENT ADVISORY AGREEMENT

with

TOROSO INVESTMENTS, LLC

THIS FIRST AMENDMENT dated as of June 1, 2021, to the Investment Advisory Agreement dated as of September 10, 2020 (the “Agreement”), entered into by and between TIDAL ETF TRUST (the “Trust”), on behalf of the series of the Trust as indicated on Schedule A to the Agreement, as may be amended from time to time (each, a “Fund,” and collectively, the “Funds”), 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 ATAC Credit Rotation ETF, as set forth on Amended Schedule A to the Agreement; and

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

NOW, THEREFORE, the parties agree as follows:

Schedule A of the Agreement is hereby superseded and replaced with Amended Schedule A attached hereto, for the purpose of adding the ATAC Credit Rotation ETF, to be effective at the time the ATAC Credit Rotation 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 in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First 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 Falkeis        By:    /s/ Dan 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
ATAC US Rotation ETF
1.25%
11/17/2020
ATAC Credit Rotation ETF
1.25%
Commencement of Operations