FIRST AMENDMENT TO THE SUB-ADVISORY AGREEMENT
Exhibit 99.(d)(xxxviii)(1)
FIRST AMENDMENT TO THE
This First Amendment dated as of August 5, 2022, to the Sub-Advisory Agreement dated as of April 28, 2022 (the “Agreement”) is entered into by and between Toroso Investments, LLC (the “Adviser”) and Newday Funds, Inc. d/b/a Newday Impact (the “Sub-Adviser).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the parties desire to amend Schedule A to add the Newday Sustainable Development Equity ETF (the “Fund”); and
WHEREAS, Section 15.2 of the Agreement allows for the amendment of the Agreement upon approval by the Board of Trustees of Tidal ETF Trust.
NOW, THEREFORE, intending to be legally bound, the parties agree as follows:
Schedule A of the Agreement is hereby superseded and replaced with the Amended Schedule A attached hereto, to be effective at the time the Fund commences operation pursuant to an effective amendment to the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.
TOROSO INVESTMENTS, LLC
| By: | /s/ Xxx Xxxxxxx | |
| Name: | Xxx Xxxxxxx | |
| Title: | Chief Financial Officer |
Newday Funds, Inc.
| By: | /s/ Xxxx Xxxxxx | |
| Name: | Xxxx Xxxxxx | |
| Title: | President and COO |
Amended Schedule A
to the
by and between
Toroso Investments, LLC
and
Newday Funds, Inc.
| Fund Name | Sub-Advisory Fee | Effective Date | Trading Authority | Proxy Voting Authority |
| Newday Ocean Health ETF | 0.02% | Commencement of Operations |
[ ] Fully Discretionary [ ] Partially Discretionary [X] Non-Discretionary |
[ ] Full [X] Advisory [ ] None |
| Newday Diversity, Equity & Inclusion ETF | 0.02% | Commencement of Operations |
[ ] Fully Discretionary [ ] Partially Discretionary [X] Non-Discretionary |
[ ] Full [X] Advisory [ ] None |
| Newday Sustainable Development Equity ETF | 0.02% | Commencement of Operations |
[ ] Fully Discretionary [ ] Partially Discretionary [X] Non-Discretionary |
[ ] Full [X] Advisory [ ] None |
