0001999371-24-007741 Sample Contracts

FIRST AMENDMENT TO THE FEE WAIVER AGREEMENT
Fee Waiver Agreement • June 24th, 2024 • Tidal ETF Trust

This First Amendment to the Fee Waiver Agreement (the “Amendment”) is made as of June 21, 2024 by and between TIDAL ETF TRUST (the “Trust”), on behalf of the series of the Trust listed on Appendix A to the Agreement (defined below), as may be amended from time to time (each, a “SoFi Fund,” and collectively, the “SoFi Funds”), and TIDAL INVESTMENTS LLC (formerly named Toroso Investments, LLC) (the “Adviser”).

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RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • June 24th, 2024 • Tidal ETF Trust • Delaware

THIS RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of June 14, 2024, between EA Series Trust, a Delaware statutory trust, on behalf of its Gadsden Dynamic Multi-Asset ETF (the “Acquiring Fund”), and Tidal ETF Trust, a Delaware statutory trust, on behalf of the SoFi Select 500 ETF (the “Acquired Fund” and together with the Acquiring Fund, the “Funds”).

TO THE CUSTODY AGREEMENT
Custody Agreement • June 24th, 2024 • Tidal ETF Trust

THIS TWENTY-FOURTH AMENDMENT effective as of the last date in the signature block, to the Custody Agreement (the “Agreement”) dated as of December 21, 2018, as amended, is entered into by and between TIDAL ETF TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).

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