FIRST AMENDMENT TO THE FUTURES TRADING ADVISORY AGREEMENT between ReSolve Asset Management SEZC (Cayman), and TIDAL INVESTMENTS LLC
TIDAL TRUST II 485BPOS
Exhibit 99(h)(x)(i)
FIRST AMENDMENT TO THE
FUTURES TRADING ADVISORY AGREEMENT
between ReSolve Asset Management SEZC (Cayman), and
TIDAL INVESTMENTS LLC
This First Amendment to the Futures Trading Advisory Agreement (the “Amendment”) is made as of March 15, 2024, by and between by and between ReSolve Asset Management SEZC (Cayman) (the “Trader”)
and Tidal Investments LLC (f/k/a Toroso Investments, LLC) (the “Adviser”).
BACKGROUND:
| A. | The Adviser and the Trader are parties to a Futures Trading Advisory Agreement dated as of October 2, 2023 (the “Agreement”). |
| B. | The parties desire to supplement Schedule A to the Agreement with the addition of the following two new series: |
| ● | Return Stacked® Bonds & Futures Yield ETF; and |
| ● | Return Stacked® U.S. Equity & Futures Yield ETF. |
TERMS:
NOW, THEREFORE, intending to be legally bound, the parties agree as follows:
| 1. | Schedule A to the Agreement is hereby amended and restated in its entirety as set forth on the Amended and Restated Schedule A attached hereto. |
| 2. | Miscellaneous. |
| a. | Capitalized terms not defined in this Amendment shall have the respective meanings set forth in the Agreement. |
| b. | Except as specifically amended by this Amendment, and except as necessary to conform to the intention of the parties hereinabove set forth, the Agreement shall remain unaltered and in full force and effect and is hereby ratified and confirmed. |
| c. | The Agreement, as amended hereby, together with its Schedule, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior communications with respect thereto. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The facsimile signature of any party to this Amendment shall constitute the valid and binding execution hereof by such party. |
| d. | PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS AGREEMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN ANY TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED ANY TRADING PROGRAM OF THE ADVISOR OR THIS AGREEMENT. |
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed by duly authorized representatives as of the date first set forth above.
| Tidal Investments LLC (Adviser) | ||
| By: | /s/ Xxx Xxxxxxx | |
| Name: | Xxx Xxxxxxx | |
| Title: | Chief of Staff | |
| ReSolve Asset Management SEZC (Cayman) (Trader) | ||
| By: | /s/ Xxxx Xxxxxxxxx | |
| Name: | Xxxx Xxxxxxxxx | |
| Title: | CEO | |
Amended AND RESTATED
Schedule A
to the
FUTURES TRADING ADVISORY AGREEMENT
between ReSolve Asset Management SEZC (Cayman), and
TIDAL INVESTMENTS LLC
| Series of Tidal Trust II | Fee Rate |
| Return Stacked® Bonds & Managed Futures ETF | 0.04% (4 basis points) |
| Return Stacked® U.S. Stocks & Managed Futures ETF | 0.04% (4 basis points) |
| Return Stacked® Bonds & Futures Yield ETF | 0.04% (4 basis points) |
| Return Stacked® U.S. Equity & Futures Yield ETF | 0.04% (4 basis points) |
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