SECOND AMENDMENT TO THE TIDAL ETF TRUST INVESTMENT ADVISORY AGREEMENT with TOROSO INVESTMENTS, LLC
TIDAL ETF TRUST 485BPOS
Exhibit 99(d)(xvii)(2)
SECOND AMENDMENT TO THE
with
TOROSO INVESTMENTS, LLC
THIS SECOND AMENDMENT dated as of June 27, 2023, to the Investment Advisory Agreement dated as of January 25, 2022 (the “Agreement”), entered into by and between TIDAL ETF TRUST (the “Trust”), on behalf of the series of the Trust as indicated on Schedule A to the Agreement, as may be amended from time to time (each, a “Fund,” and collectively, the “Funds”), and TOROSO INVESTMENTS, LLC (the “Adviser”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the Trust and the Adviser desire to amend Amended and Restated Schedule A to the Agreement to reflect: 1) a change in the name of the Residential REIT Income ETF to the Residential REIT ETF; and 2) a change in the name of the Non-Traded REIT Fund Tracker ETF to the Private Real Estate Strategy via Liquid REITs ETF; and
WHEREAS, Section 21 of the Agreement allows for the amendment of the Agreement by a written instrument executed by both parties;
NOW, THEREFORE, the parties agree as follows:
Amended and Restated Schedule A of the Agreement is hereby superseded and replaced with Amended and Restated Schedule A attached hereto, for the purpose of: 1) reflecting the name change for the Residential REIT Income ETF to the Residential REIT ETF (name change became effective on May 26, 2023); and 2) reflecting the name change for the Non-Traded REIT Fund Tracker ETF to the Private Real Estate Strategy via Liquid REITs ETF (name change became effective on June 2, 2023).
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.
TIDAL ETF TRUST | TOROSO INVESTMENTS, LLC | |||
on behalf of its series listed on Amended and Restated Schedule A | ||||
By: | /s/ Xxxx X. Xxxxxxx | By: | /s/ Xxxxxx X. Xxxxxxx | |
Name: | Xxxx X. Xxxxxxx | Name: | Xxxxxx X. Xxxxxxx | |
Title: | President | Title: | Chief Financial Officer |
Amended AND RESTATED
Schedule A
to the
with
TOROSO INVESTMENTS, LLC
Fund Name | Advisory Fee | Effective Date |
Residential REIT ETF | 0.60% | February 28, 2022 |
Private Real Estate Strategy via Liquid REITs ETF | 0.59% | June 12, 2023 |