FIRST AMENDMENT TO THE INVESTMENT ADVISORY AGREEMENT
Exhibit 99.(d)(xviii)(1)
FIRST AMENDMENT TO THE
THIS FIRST AMENDMENT dated as of August 5, 2022, to the Investment Advisory Agreement dated as of March 10, 2022 (the “Agreement”), is 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 (hereinafter called the “Adviser”).
RECITALS
WHEREAS, the parties have entered into the Agreement; and
WHEREAS, the Trust and the Adviser desire to amend Schedule A to add the Newday Sustainable Development Equity 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:
Schedule A of the Agreement is hereby superseded and replaced with Amended Schedule A attached hereto, to be effective at the time the Newday Sustainable Development Equity ETF commences operation pursuant to an effective amendment to the Trust’s Registration Statement under the Securities Act of 1933, as amended.
Except to the extent amended hereby, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First 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 Schedule A | |||||
| By: | /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ | By: | /s/ ▇▇▇ ▇▇▇▇▇▇▇ | ||
| Name: | ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ | Name: | ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ | ||
| Title: | President | Title: | Chief Financial Officer | ||
Amended Schedule A
to the
by and between
Tidal ETF Trust and
Toroso Investments, LLC
| Fund Name | Advisory Fee |
| Newday Ocean Health ETF | 0.75% |
| Newday Diversity, Equity & Inclusion ETF | 0.75% |
| Newday Sustainable Development Equity ETF | 0.75% |