FIFTH AMENDMENT TO ETF DISTRIBUTION AGREEMENT
Tidal Trust II 485BPOS
Exhibit (e)(i)(5)
FIFTH AMENDMENT TO
ETF
DISTRIBUTION AGREEMENT
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”).
WHEREAS, The Parties desire to amend Exhibit A of the Agreement to reflect an updated Funds list; and
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by the Parties.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. | Capitalized terms not otherwise defined herein shall have the meanings set forth in Agreement. |
2. | Exhibit A of the Agreement is hereby deleted and replaced in its entirety by the Exhibit A attached hereto. |
3. | Except as expressly amended hereby, all of the provisions of the Agreement shall remain unamended 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, as of the Effective Date.
TIDAL TRUST II | FORESIDE FUND SERVICES, LLC | ||||
By: | /s/ Xxxx Xxxxxxx | By: | /s/ Xxxxxx Xxxxx | ||
Name: | Xxxx Xxxxxxx | Name: | Xxxxxx Xxxxx | ||
Title: | President | Title: | President |
EXHIBIT A
Carbon Collective Climate Solutions U.S. Equity ETF
YieldMax Innovation Option
Income Strategy ETF
YieldMax KWEB Option Income Strategy ETF
YieldMax GDX Option Income Strategy ETF
YieldMax XBI Option Income Strategy ETF
YieldMax TLT Option Income Strategy ETF
YieldMax AAPL Option Income Strategy ETF
YieldMax AMZN Option Income Strategy ETF
YieldMax BRK.B Option Income Strategy ETF
YieldMax COIN Option Income Strategy ETF
YieldMax META Option Income Strategy ETF
YieldMax GOOG Option Income Strategy ETF
YieldMax NFLX Option Income Strategy ETF
YieldMax NVDA Option Income Strategy ETF
YieldMax SQ Option Income Strategy ETF
YieldMax TSLA Option Income Strategy ETF
Senior Secured Credit Opportunities ETF
Meet Xxxxx Pricing
Power ETF
Meet Xxxxx Select ETF
Meet Xxxxx Xxxxxxxx ETF
XXX Daily Short MSTR ETF
XXX Daily Short COIN ETF
XXX Daily Short GME ETF
XXX Daily Short AMC ETF
XXX Daily Short PTON ETF
XXX Daily Short TLRY ETF
XXX Daily Short NKLA ETF
XXX Daily Short HOOD ETF
XXX Daily Short BYND ETF
XXX Daily Short PENN ETF
Xxxxxxxx Fixed Income Alternative ETF
Pinnacle Focused Opportunities ETF
Veridien Climate Action ETF
XXX Daily 2X MSTR ETF
XXX Daily 2X COIN ETF
XXX Daily 2X GME ETF
XXX Daily 2X AMC ETF
XXX Daily 2X PTON ETF
XXX Daily 2X TLRY ETF
XXX Daily 2X NKLA ETF
XXX Daily 2X HOOD ETF
XXX Daily 2X BYND ETF
XXX Daily 2X PENN ETF
Return StackedTM Bonds &
Managed Futures ETF
Return StackedTM Global Stocks & Bonds ETF