EX-99.(E)(I)(5) 7 ex99-ei5.htm FIFTH AMENDMENT TO THE ETF DISTRIBUTION AGREEMENT

 

Tidal ETF Trust 485BPOS

Exhibit 99(e)(i)(5)

 

FIFTH AMENDMENT

TO ETF DISTRIBUTION AGREEMENT

 

This Fifth Amendment (the “Amendment”) to the ETF Distribution Agreement dated as of September 30, 2021 (the “Agreement”), by and between Tidal ETF Trust (the “Trust”) and Foreside Fund Services, LLC (“Foreside”), is entered into with an effective date of May 26, 2022 (the “Effective Date”).

 

WHEREAS, Foreside and the Trust (the “Parties”) desire to amend Exhibit A of the Agreement to reflect the addition of one new Fund and a Fund name change; 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 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:

 

(i)the addition of one new Fund:

Gotham 1000 Value ETF; and

 

(ii)the following name change:

Elevate Shares 2X Daily Blockchain ETF is now Elevate Shares 2X Daily BLOK 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 Effective Date.

 

TIDAL ETF TRUST   FORESIDE FUND SERVICES, LLC
         
By: /s/Eric Falkeis   By: /s/ Mark Fairbanks
Name: Eric Falkeis     Mark Fairbanks
Title: President     Vice President

 

 

 

 

ETF DISTRIBUTION AGREEMENT

 

Exhibit A Effective as of May 26, 2022

 

FUNDS:

 

National Investment Services Ultra-Short Duration Enhanced Income ETF

RPAR Risk Parity ETF 

UPAR Ultra Risk Parity ETF

SoFi Social 50 ETF 

SoFi Select 500 ETF

SoFi Gig Economy ETF 

SoFi Next 500 ETF

SoFi Weekly Income ETF 

SoFi Weekly Dividend ETF

SP Funds Dow Jones Global Sukuk ETF 

SP Funds S&P 500 Sharia Industry Exclusions ETF

SP Funds S&P Global REIT Sharia ETF 

Leatherback Long/Short Absolute Return ETF

Leatherback Long/Short Alternative Yield ETF 

Adasina Social Justice All Cap Global ETF

ATAC US Rotation ETF 

ATAC Credit Rotation ETF

Gotham Enhanced 500 ETF 

Gotham 1000 Value ETF

Sound Fixed Income ETF 

Sound Enhanced Fixed Income ETF

Sound Equity Income ETF 

Sound Enhanced Equity Income ETF

Sound Total Return ETF 

Euclid Capital Growth ETF

Acruence Active Hedge U.S. Equity ETF 

American Customer Satisfaction ETF

iClima Climate Change Solutions ETF 

iClima Distributed Smart Energy ETF

ZEGA Buy and Hedge ETF

Robinson Alternative Yield Pre-Merger SPAC ETF 

SonicSharesTM Airlines, Hotels, Cruise Lines ETF

SonicSharesTM Global Shipping ETF 

FolioBeyond Rising Rates ETF

Home Appreciation U.S. REIT ETF 

Elevate Shares 2X Daily BLOK ETF

Newday Ocean Health ETF 

Newday Diversity, Equity & Inclusion ETF

Ionic Inflation Protection ETF 

Constrained Capital ESG Orphans ETF

Constrained Capital ESG Orphans Daily Inverse ETF