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”).
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.
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • July 18th, 2024 • Tidal Trust II • New York
This Sub-Advisory Agreement (the “Agreement”) is made as of this 2nd day of July, 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 Octane Investments, Inc., a Delaware corporation, with its principal place of business at 630 Third Ave., Suite 2100, New York, NY 10017 (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”).
INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • July 18th, 2024 • Tidal Trust II • Delaware
This Investment Advisory Agreement (the “Agreement”) is made as of July 2, 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”).
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.
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
PRIVATE INVESTMENT COMPANY CUSTODIAN AGREEMENTCustodian Agreement • September 23rd, 2024 • Tidal Trust II • Minnesota
THIS AGREEMENT is made and entered into as of the date last written in the signature page, by and between STKD BITCOIN & GOLD Cayman Subsidiary, an exempted company incorporated in the Cayman Islands with limited liability (the “Fund”) 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”).
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”).
INVESTMENT ADVISORY AGREEMENT Between STKD BITCOIN & GOLD CAYMAN SUBSIDIARY and TIDAL INVESTMENTS LLCInvestment Advisory Agreement • September 23rd, 2024 • Tidal Trust II • New York
This Investment Advisory Agreement (the “Agreement”) is made as of September 4, 2024, by and between STKD Bitcoin & Gold 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.
SEMI-TRANSPARENT ETF TRUST ETF FUND ACCOUNTING SERVICING AGREEMENTEtf Fund 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”).
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 ACCOUNTING SERVICING AGREEMENTFund Accounting 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”) 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”).
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”).
FUTURES TRADING ADVISORY AGREEMENTFutures Trading Advisory Agreement • May 21st, 2024 • Tidal Trust II • New York
This Futures Trading Advisory Agreement (the “Agreement”) is made as of the 14th day of May 2024, by and between Chesapeake Capital Corporation, a corporation, located at 100 South Ashley Drive, Suite 1140, Tampa, Florida 33602, (the “Trading Advisor”), 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 Trading Advisor are each and individually a “Party” and collectively the “Parties.”
Exchange-Traded Fund Platform Support AgreementExchange-Traded Fund Platform Support Agreement • February 6th, 2023 • Tidal Trust II • New York
This Exchange-Traded Fund Platform Support Agreement (the “Agreement”) is made and entered into by and among Toroso Investments, LLC (“Adviser” or “Toroso”), Tidal ETF Services LLC (“Tidal”) and [ ] (“ ” or “Firm”) as of [ ], 2023 (the “Effective Date”).
SUBSIDIARY FUTURES TRADING ADVISORY AGREEMENTSubsidiary Futures Trading Advisory Agreement • May 21st, 2024 • 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 100 South Ashley Drive, Suite 1140, Tampa, Florida 33602 (the “Trading Advisor”), 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 Trading Advisor are each and individually a “Party” and collectively the “Parties.”
SEVENTH AMENDMENT TO THE SUB-ADVISORY ADVISORY AGREEMENTSub-Advisory Agreement • July 30th, 2024 • Tidal Trust II
This Seventh Amendment to the Sub-Advisory Agreement (the “Amendment”) is made as of July 2, 2024, by and between TIDAL INVESTMENTS LLC (formerly, Toroso Investments, LLC) (the “Adviser”) and ZEGA Financial, LLC (the “Sub-Adviser”).
FIFTEENTH AMENDMENT TO THE TIDAL TRUST II TRANSFER AGENT SERVICING AGREEMENTTransfer Agent 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 AGREEMENTFund Accounting 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”).
Tidal Trust II Fee Waiver AgreementFee Waiver 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.
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 AGREEMENTFund Sub-Administration 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 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”).
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 AGREEMENTFund of Funds 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”).
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”).
RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • May 21st, 2024 • Tidal Trust II • Delaware
THIS RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of March 16, 2024, between Cambria ETF Trust, a Delaware statutory trust, on behalf of its funds shown in appendix A (the “Acquiring Funds”), and Tidal Trust II, a Delaware statutory trust, on behalf of the Cambria Chesapeake Pure Trend ETF (the “Acquired Fund” and together with the Acquiring Fund, the “Funds”).
ELEVENTH AMENDMENT TO THE TIDAL TRUST II TRANSFER AGENT SERVICING AGREEMENTTransfer Agent Servicing 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 AGREEMENTFund Sub-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.
SIXTH AMENDMENT TO THE TIDAL TRUST II CUSTODY AGREEMENTCustody Agreement • April 6th, 2023 • Tidal Trust II
THIS SIXTH AMENDMENT effective as of the last date on the signature block, 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”).
TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • January 8th, 2024 • Tidal Trust II • Delaware
This thirteenth amendment (“Amendment”) to the ETF Distribution Agreement dated as of July 5, 2022 (the “Agreement”), by and between Tidal Trust II (the “Trust”) and Foreside Fund Services, LLC (“Foreside” and together with the Trust, the “Parties”) is entered into as of December 19, 2023 (the “Effective Date”).
FIFTH AMENDMENT TO ETF DISTRIBUTION AGREEMENTEtf Distribution Agreement • February 6th, 2023 • Tidal Trust II • Delaware
This fifth amendment (“Amendment”) to the ETF Distribution Agreement dated as of July 5, 2022 (the “Agreement”), by and between Tidal Trust II (the “Trust”) and Foreside Fund Services, LLC (“Foreside” and together with the Trust, the “Parties”) is entered into as of January 30, 2023 (the “Effective Date”).
