FIRST AMENDMENT TO THE TRADING SERVICES SUB-ADVISORY AGREEMENT
Exhibit (d)(v)
FIRST AMENDMENT TO THE
TRADING SERVICES SUB-ADVISORY AGREEMENT
This First Amendment to the Sub-Advisory Agreement (the “Amendment”) is made as of October 23, 2023, by and between CAMBRIA INVESTMENT MANAGEMENT, L.P. (the “Adviser”) and TOROSO INVESTMENTS, LLC (the “Sub-Adviser”).
BACKGROUND:
| A. | The Adviser and the Sub-Adviser are parties to a Trading Services Sub-Advisory Agreement dated as of August 28, 2023(the “Agreement”); and |
| B. | parties desire to supplement Schedule A to the Agreement to reflect its effectiveness with respect to additional series. |
| C. | This Background section is incorporated by reference into, and made a part of, this Amendment. |
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. |
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed by duly authorized representatives as of the date first set forth above.
| CAMBRIA INVESTMENT MANAGEMENT, L.P. | TOROSO INVESTMENTS, LLC | |||
| By: | /s/ Xxxxxx X. Xxxxx | By: | /s/ Xxx Xxxxxxx | |
| Name: | Xxxxxx X. Xxxxx | Name: | Xxx Xxxxxxx | |
| Title: | Chief Executive Officer | Title: | Chief Financial Officer | |
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Amended and Restated Schedule A
to the
Sub-Advisory Agreement
by and between
Cambria Investment Management, L.P.
and
Toroso Investments, LLC
As of: October 23, 2023
| Fund Names | Effective Date of Sub-Advisory Agreement |
| Cambria Shareholder Xxxxx ETF (SYLD) | October 23, 2023 |
| Cambria Foreign Shareholder Xxxxx ETF (FYLD) | September 5, 2023 |
| Cambria Emerging Shareholder Yield ETF (EYLD) | September 5, 2023 |
| Cambria Global Tail Risk ETF (FAIL) | - |
| Cambria Global Value ETF (GVAL) | September 5, 2023 |
| Cambria Global Momentum ETF (GMOM) | September 5, 2023 |
| Cambria Value and Momentum ETF (VAMO) | September 5, 2023 |
| Cambria Global Asset Allocation ETF (GAA) | October 23, 2023 |
| Cambria Tail Risk ETF (TAIL) | October 23, 2023 |
| Cambria Trinity ETF (TRTY) | September 5, 2023 |
| Cambria Cannabis ETF (TOKE) | October 23, 2023 |
| Cambria Global Real Estate ETF (BLDG) | September 5, 2023 |
| Cambria Venture ETF (VCAP) | - |
| Cambria Buyout ETF (LBO) | - |
| Cambria Managed Futures Strategy ETF (MFUT) | - |
| Cambria Superinvestors ETF (SUPR) | - |
| Cambria Trend Following ETF (IVY) | - |
| Cambria Domestic Tax Optimized ETF (DTAX) | - |
| Cambria Foreign Tax Optimized ETF (FTAX) | - |
Fee rate:
3 basis points on the first $2 billion of aggregate Fund assets; and 2.5 basis points on aggregate Fund assets above $2 billion.
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