SEMI-TRANSPARENT ETF CUSTODY AGREEMENTCustody Agreement • April 11th, 2023 • Tidal Trust II • Minnesota
THIS AGREEMENT is made and entered into as of the last date on the signature page, by and between TIDAL TRUST II, a Delaware statutory trust, (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • July 12th, 2022 • Tidal ETF Trust II • Delaware
This Distribution Agreement (the “Agreement”) is effective as of July 5, 2022, by and between Tidal ETF Trust II, a Delaware statutory trust (the “Trust”) having its principal place of business at 898 North Broadway, Suite 2, Massapequa, NY 11758, and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”) having its principal place of business at Three Canal Plaza, Suite 100, Portland, ME 04101.
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • April 5th, 2024 • Tidal Trust II • New York
This Sub-Advisory Agreement (the “Agreement”) is made as of this 16th day of January, 2024 by and between Tidal Investments LLC, a Delaware limited liability company, with its principal place of business at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”) and Quantify Chaos Advisors, LLC, a Delaware limited liability company, with its principal place of business at 21 India Street, #2609, Brooklyn, New York, 11222 (the “Sub-Adviser”), with respect to each series of Tidal Trust II (the “Trust”) identified on Schedule A to this Agreement, as may be amended from time to time (each, a “Fund” and, if more than one Fund, together, the “Funds”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • April 5th, 2024 • Tidal Trust II • Delaware
This Investment Advisory Agreement (the “Agreement”) is made as of January 16, 2024, by and between Tidal Trust II, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust listed on Schedule A attached hereto, as may be amended from time to time (each, a “Fund” and collectively, the “Funds”), and Tidal Investments LLC, a Delaware limited liability company (the “Adviser”).
BLACKROCK RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • February 6th, 2023 • Tidal Trust II • Delaware
THIS FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of 10/6/2022 (the “Effective Date”), is made by and between each registered open-end investment company (each, a “Registrant”), on behalf of each portfolio series of each such Registrant listed on Schedule A or Schedule B hereto, or if the relevant Registrant has no portfolio series, then the relevant Registrant (as applicable, each an “Acquiring Fund” or “Acquired Fund” pursuant to the applicable schedule), each severally and not jointly.
FORM OF AUTHORIZED PARTICIPANT AGREEMENT TIDAL ETF TRUST IIAuthorized Participant Agreement • July 12th, 2022 • Tidal ETF Trust II • New York
This Authorized Participant Agreement (the “Agreement”) is entered into by and between Foreside Fund Services, LLC (the “Distributor”) and [___] (the “Participant”) and is subject to acceptance by U.S. Bancorp Fund Services, LLC d/b/a U.S. Bank Global Fund Services (the “Index Receipt Agent”), and is further subject to acknowledgement and agreement by Tidal ETF Trust II (the “Trust”), a series trust offering a number of portfolios of securities (each a “Fund” and collectively the “Funds”), solely with respect to Sections 2(d), 4(c) and 13(c) herein. Capitalized terms used but not defined herein are defined in the current prospectus for each Fund as it may be supplemented or amended from time to time and included in the Trust’s Registration Statement on Form N-1A, as it may be amended from time to time (“Fund Documents”), or otherwise filed with the U.S. Securities and Exchange Commission (“SEC”) (together with such Fund’s Statement of Additional Information incorporated therein, the “P
SEMI-TRANSPARENT ETF TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • April 11th, 2023 • Tidal Trust II • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between TIDAL TRUST II, a Delaware statutory trust (the “Trust”) U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“USBGFS”).
PRIVATE INVESTMENT COMPANY CUSTODIAN AGREEMENTCustodian Agreement • April 19th, 2024 • Tidal Trust II • Minnesota
The Fund hereby appoints the Custodian as custodian of certain Securities and cash owned by or in the possession of the Fund, on the terms and conditions set forth in this Agreement, and the Custodian hereby accepts such appointment and agrees to perform the services and duties set forth in this Agreement. The services and duties of the Custodian shall be confined to those matters expressly set forth herein, and no implied duties are assumed by or may be asserted against the Custodian hereunder.
SUBSIDIARY FUTURES TRADING ADVISORY AGREEMENTTrading Advisory Agreement • October 25th, 2023 • Tidal Trust II • New York
This Subsidiary Futures Trading Advisory Agreement (the “Agreement”) is made as of the 2nd day of October 2023, by and between ReSolve Asset Management SEZC (Cayman), a Special Economic Zone Company incorporated in the Cayman Islands with Limited Liability, located at 90 North Church Street Strathvale House, 5th Floor George Town, Grand Cayman, Cayman Islands, KY1-9012 (the “Trader”), and Toroso Investments, LLC, a Delaware limited liability company located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”). The Adviser and the Trader are each and individually a “Party” and collectively the “Parties.”
INVESTMENT ADVISORY AGREEMENT Between RSSY CAYMAN SUBSIDIARY and TIDAL INVESTMENTS LLCInvestment Advisory Agreement • April 19th, 2024 • Tidal Trust II • New York
This Investment Advisory Agreement (the “Agreement”) is made as of March 15, 2024, by and between RSSY Cayman Subsidiary, an Exempted Company incorporated in the Cayman Islands with limited liability (the “Fund”), and Tidal Investments LLC, a Delaware limited liability company (the “Adviser”) located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204, USA.
FUND ADMINISTRATION SERVICING AGREEMENTFund Administration Servicing Agreement • July 12th, 2022 • Tidal ETF Trust II • Delaware
THIS FUND ADMINISTRATION SERVICING AGREEMENT (the “Agreement”) is made and entered into as of July 5, 2022 by and between Tidal ETF Trust II, a Delaware statutory trust (the “Trust”) and Tidal ETF Services LLC, a Delaware limited liability company (“Tidal”).
FUND CCO AGREEMENTFund Cco Agreement • July 12th, 2022 • Tidal ETF Trust II • Delaware
THIS AGREEMENT, effective as of July 5, 2022, by and between Tidal ETF Trust II, a Delaware statutory trust, with its principal office and place of business at 898 North Broadway, Suite 2, Massapequa, NY 11758 (the “Fund Company”), and Foreside Fund Officer Services, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Portland, Maine 04101 (“Foreside” and, together with the Fund Company, the “Parties”).
SEMI-TRANSPARENT ETF TRUST ETF FUND ACCOUNTING SERVICING AGREEMENTFund Accounting Servicing Agreement • April 11th, 2023 • Tidal Trust II • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between TIDAL TRUST II, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“USBGFS”).
SUBSIDIARY FUTURES TRADING ADVISORY AGREEMENTSubsidiary Futures Trading Advisory Agreement • April 19th, 2024 • Tidal Trust II • New York
This Subsidiary Futures Trading Advisory Agreement (the “Agreement”) is made as of the 15th day of March 2024, by and between ReSolve Asset Management SEZC (Cayman), a Special Economic Zone Company incorporated in the Cayman Islands with Limited Liability, located at 90 North Church Street Strathvale House, 5th Floor George Town, Grand Cayman, Cayman Islands, KY1-9012 (the “Trader”), and Tidal Investments LLC, a Delaware limited liability company located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”). The Adviser and the Trader are each and individually a “Party” and collectively the “Parties.”
TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing Agreement • July 12th, 2022 • Tidal ETF Trust II • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between TIDAL ETF TRUST II, a Delaware statutory trust (the “Trust”) U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“USBGFS”).
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • May 21st, 2024 • Tidal Trust II • New York
This Sub-Advisory Agreement (the “Agreement”) is made as of this 14th day of May, 2024 by and between Tidal Investments LLC, a Delaware limited liability company, with its principal place of business at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”) and Cambria Investment Management, L.P., a Limited Partnership, with its principal place of business at 3300 Highland Avenue, Manhattan Beach, CA 90266 (the “SubAdviser”), with respect to each series of Tidal Trust II (the “Trust”) identified on Schedule A to this Agreement, as may be amended from time to time (each, a “Fund” and, if more than one Fund, together, the “Funds”).
FIFTEENTH AMENDMENT TO THE TIDAL TRUST II TRANSFER AGENT SERVICING AGREEMENTAgent Servicing Agreement • February 16th, 2024 • Tidal Trust II
THIS FIFTEENTH AMENDMENT effective as of the last date on the signature block (the “Effective Date”), to the Transfer Agent Servicing Agreement (the “Agreement”) dated as of July 7, 2022, as amended, is entered into by and between TIDAL TRUST II, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
FIFTEENTH AMENDMENT TO THE TIDAL TRUST II FUND ACCOUNTING SERVICING AGREEMENTAccounting Servicing Agreement • February 16th, 2024 • Tidal Trust II
THIS FIFTEENTH AMENDMENT effective as of the last date on the signature block (the “Effective Date”), to the Fund Accounting Servicing Agreement (the “Agreement”) dated as of July 7, 2022, as amended, is entered into by and between TIDAL TRUST II, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • February 6th, 2023 • Tidal Trust II
THIS FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of September 30, 2022 (the “Effective Date”), is made among Tidal ETF Trust II, on behalf of each of its series listed in Schedule A (each, an “Acquiring Fund”) and the Invesco Exchange-Traded Fund Trust, Invesco Exchange-Traded Fund Trust II, Invesco India Exchange-Traded Fund Trust, Invesco Actively Managed Exchange-Traded Trust, Invesco Actively Managed Exchange-Traded Commodity Fund Trust and Invesco Exchange-Traded Self-Indexed Fund Trust, on behalf of each of their series (except such series listed on Schedule B, as may be amended from time to time), severally and not jointly (each, an “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
FUTURES TRADING ADVISORY AGREEMENTFutures Trading Advisory Agreement • June 30th, 2023 • Tidal Trust II • New York
This Futures Trading Advisory Agreement (the “Agreement”) is made as of the 23rd day of May 2023, by and between Chesapeake Capital Corporation, a corporation, located at 308 Long Lane, Richmond, Virginia 23221, (the “Trading Advisor”), and Toroso Investments, LLC, a Delaware limited liability company located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”). The Adviser and the Trading Advisor are each and individually a “Party” and collectively the “Parties.”
Tidal Trust II Fee Waiver AgreementWaiver Agreement • August 14th, 2023 • Tidal Trust II • Delaware
THIS FEE WAIVER AGREEMENT (the “Agreement”) is entered into on March 22, 2023, by and between Tidal Trust II, a Delaware statutory trust (the “Trust”), on behalf of the DGA Absolute Return ETF (the “Fund”), a series of the Trust, and Toroso Investments, LLC (the “Adviser”), the Fund’s investment adviser.
SEVENTEENTH AMENDMENT TO THE TIDAL TRUST II TRANSFER AGENT SERVICING AGREEMENTServicing Agreement • March 26th, 2024 • Tidal Trust II
THIS SEVENTEENTH AMENDMENT effective as of the last date on the signature block (the “Effective Date”), to the Transfer Agent Servicing Agreement (the “Agreement”) dated as of July 7, 2022, as amended, is entered into by and between TIDAL TRUST II, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
FUTURES TRADING ADVISORY AGREEMENTFutures Trading Advisory Agreement • October 25th, 2023 • Tidal Trust II • New York
This Futures Trading Advisory Agreement (the “Agreement”) is made as of the 2nd day of October 2023, by and between ReSolve Asset Management SEZC (Cayman), a Special Economic Zone Company incorporated in the Cayman Islands with Limited Liability, located at 90 North Church Street Strathvale House, 5th Floor George Town, Grand Cayman, Cayman Islands, KY1-9012 (the “Trader”), and Toroso Investments, LLC, a Delaware limited liability company located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”). The Adviser and the Trader are each and individually a “Party” and collectively the “Parties.”
FIFTEENTH AMENDMENT TO THE FUND SUB-ADMINISTRATION SERVICING AGREEMENTServicing Agreement • February 16th, 2024 • Tidal Trust II
THIS FIFTEENTH AMENDMENT effective as of the last date on the signature block (the “Effective Date”), to the Fund Sub-Administration Servicing Agreement (the “Agreement”) dated as of July 7, 2022, as amended, is entered into by and between TIDAL ETF SERVICES LLC (the “Company” or “Tidal”), with respect to Tidal Trust II, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
INVESTMENT ADVISORY AGREEMENT Between CNIC CAYMAN SUBSIDIARY and TOROSO INVESTMENTS, LLCAgreement • May 2nd, 2023 • Tidal Trust II • New York
This Investment Advisory Agreement (the “Agreement”) is made as of April 26, 2023, by and between CNIC Cayman Subsidiary, an Exempted Company incorporated in the Cayman Islands with limited liability (the “Fund”), and Toroso Investments, LLC, a Delaware limited liability company (the “Adviser”) located at 898 N Broadway, Massapequa NY 11758 USA.
RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • February 6th, 2023 • Tidal Trust II
THIS AGREEMENT, dated as of, October 5, 2022 between each Acquiring Fund(s) identified on Schedule A, severally and not jointly (each, an “Acquiring Fund”), and each series of VanEck ETF Trust (except such series listed on Schedule B which may be amended from time to time), severally and not jointly (each, an “Acquired Fund” and together with the Acquiring Fund[s], the “Funds”).
FUND OF FUNDS INVESTMENT AGREEMENTFunds Investment Agreement • February 6th, 2023 • Tidal Trust II • Massachusetts
This Fund of Funds Investment Agreement (this “Agreement”), is effective as of October 12, 2022 (the “Effective Date”), is made between Tidal ETF Trust II (the “Tidal Trust”), on behalf of its series listed on Schedule A, severally and not jointly (each, the “Acquiring Fund”), and SPDR Series Trust, SPDR Index Shares Funds and SSGA Active Trust (each, a “Trust”), each on behalf of their series listed on Schedule B, severally and not jointly (each, the “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
FIFTEENTH AMENDMENT TO THE TIDAL TRUST II CUSTODY AGREEMENTCustody Agreement • February 16th, 2024 • Tidal Trust II
THIS FIFTEENTH AMENDMENT effective as of the last date on the signature block (the “Effective Date”), to the Custody Agreement (the “Agreement”) dated as of July 7, 2022, as amended, is entered into by and between TIDAL TRUST II, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).
EIGHTEENTH AMENDMENT TO THE FUND SUB-ADMINISTRATION SERVICING AGREEMENTServicing Agreement • April 29th, 2024 • Tidal Trust II
THIS EIGHTEENTH AMENDMENT effective as of the last date on the signature block (the “Effective Date”), to the Fund Sub-Administration Servicing Agreement (the “Agreement”) dated as of July 7, 2022, as amended, is entered into by and between TIDAL ETF SERVICES LLC (the “Company” or “Tidal”), with respect to Tidal Trust II, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
SUBSIDIARY FUTURES TRADING ADVISORY AGREEMENTSubsidiary Futures Trading Advisory Agreement • June 30th, 2023 • Tidal Trust II • New York
This Subsidiary Futures Trading Advisory Agreement (the “Agreement”) is made as of the 23rd day of May 2023, by and between Chesapeake Capital Corporation, a corporation, located at 308 Long Lane, Richmond, Virginia 23221 (the “Trading Advisor”), and Toroso Investments, LLC, a Delaware limited liability company located at 234 West Florida Street, Suite 203 Milwaukee, Wisconsin 53204 (the “Adviser”). The Adviser and the Trading Advisor are each and individually a “Party” and collectively the “Parties.”
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • November 20th, 2023 • Tidal Trust II • Delaware
This Investment Advisory Agreement (the “Agreement”) is made as of November 9, 2023, by and between Tidal Trust II, a Delaware statutory trust (the “Trust”), on behalf of each series of the Trust listed on Schedule A attached hereto, as may be amended from time to time (each, a “Fund” and collectively, the “Funds”), and Toroso Investments, LLC, a Delaware limited liability company (the “Adviser”).
RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • February 6th, 2023 • Tidal Trust II
THIS AGREEMENT, dated as of September 30, 2022, among each Acquiring Fund, severally and not jointly, identified on Schedule A (each, an “Acquiring Fund”), and the Acquired Funds, severally and not jointly, listed on Schedule B (each, an “Acquired Fund” and together with the Acquiring Funds, the “Funds”).
SIXTH AMENDMENT TO THE SUB-ADVISORY ADVISORY AGREEMENTSub-Advisory Advisory Agreement • April 17th, 2024 • Tidal Trust II
This Sixth Amendment to the Sub-Advisory Agreement (the “Amendment”) is made as of March 15, 2024, by and between TIDAL INVESTMENTS LLC (formerly, Toroso Investments, LLC) (the “Adviser”) and ZEGA Financial, LLC (the “Sub-Adviser”).
ELEVENTH AMENDMENT TO THE TIDAL TRUST II TRANSFER AGENT SERVICING AGREEMENTServicing Agreement • August 25th, 2023 • Tidal Trust II
THIS ELEVENTH AMENDMENT effective as of the last date on the signature block (the “Effective Date”), to the Transfer Agent Servicing Agreement (the “Agreement”) dated as of July 7, 2022, as amended, is entered into by and between TIDAL TRUST II, a Delaware statutory trust (the “Trust”), and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“Fund Services”).
SEMI-TRANSPARENT ETF FUND SUB-ADMINISTRATION SERVICING AGREEMENTSub-Administration Servicing Agreement • April 11th, 2023 • Tidal Trust II • Wisconsin
THIS AGREEMENT is made and entered into as of the last day written on the signature page by and between TIDAL ETF SRVICES LLC (the “Company” or “Tidal”), with respect to Tidal Trust II, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC d/b/a U.S. BANK GLOBAL FUND SERVICES, a Wisconsin limited liability company (“USBGFS”). TOROSO INVESTMENTS, LLC, the investment adviser to the Trust (the “Adviser”), is a party hereto with respect to Section 4 only.
