EX-99.(D)(III)(1) 2 exdiii1firstamendadvisorya.htm EX-99.(D)(III)(1)FIRST AMEND INVESTMENT ADVISORY TIDAL TOROSO UPAR Document

FIRST AMENDMENT TO THE
TIDAL ETF TRUST
INVESTMENT ADVISORY AGREEMENT
with
TOROSO INVESTMENTS, LLC
THIS FIRST AMENDMENT dated as of December 7, 2021, to the Investment Advisory Agreement dated as of October 10, 2019 (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 UPAR Ultra Risk Parity 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Schedule A of the Agreement is hereby superseded and replaced with Amended Schedule A attached hereto, for the purpose of adding the UPAR Ultra Risk Parity ETF, to be effective at the time the UPAR Ultra Risk Parity 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 TRUSTTOROSO INVESTMENTS, LLC
on behalf of its series listed on Amended Schedule A
By: /s/ Eric FalkeisBy: /s/ Dan Carlson
Name: Eric W. FalkeisName: Daniel H. Carlson
Title: PresidentTitle: Chief Financial Officer









AMENDED SCHEDULE A

to the
TIDAL ETF TRUST

INVESTMENT ADVISORY AGREEMENT

with

TOROSO INVESTMENTS, LLC

Fund NameAdvisory FeeEffective Date
RPAR Risk Parity ETF0.50%December 12, 2019
UPAR Ultra Risk Parity ETF0.65%Commencement of Operations