SECOND AMENDMENT TO ETF DISTRIBUTION AGREEMENT
SECOND AMENDMENT TO
This Second Amendment (this “Amendment”) is entered into on October 10, 2019 (the “Execution Date”) with an effective date of October 10, 2019 (the “Effective Date”), to the ETF Distribution Agreement dated as of January 3, 2019, as amended (the “Agreement”), by and between Tidal ETF Trust (the “Trust”) and Foreside Fund Services, LLC (“Foreside”).
WHEREAS, Foreside and the Trust (the “Parties”) desire to amend Exhibit A of the Agreement to reflect the addition of one new series of the Trust; and
WHEREAS, Section 8(b) of the Agreement requires that all amendments and modifications to the Agreement be in writing and executed by all 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 the Agreement. |
2. | Exhibit A to the Agreement is hereby deleted in its entirety and replaced by Exhibit A attached hereto to reflect the addition of the RPAR Risk Parity ETF. |
3. | Except as expressly amended hereby, all of the provisions of the Agreement are restated 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, on the Execution Date.
TIDAL ETF TRUST FORESIDE FUND SERVICES, LLC
By: /s/ Xxxx X. Xxxxxxx By: /s/ Xxxx Xxxxxxxxx
Name: Xxxx Xxxxxxx Xxxx Xxxxxxxxx
Title: CEO Vice President
Exhibit A
Effective as of October 10, 2019
FUNDS:
Aware Ultra-Short Duration Enhanced Income ETF
SoFi 50 ETF
SoFi Select 500 ETF
SoFi Gig Economy ETF
SoFi Next 500 ETF
RPAR Risk Parity ETF
A-1
