AMENDMENT 11
NEW YORK LIFE INVESTMENTS ACTIVE ETF TRUST 485BPOS
Exhibit (e)(1)(a)
CONFIDENTIAL
AMENDMENT 11
This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of August 28, 2024 (the “Effective Date”):
Term | Means |
“Existing Agreement” | The Distribution Agreement between ALPS and the Trust dated April 16, 2018, as amended |
“ALPS”
|
ALPS Distributors, Inc. |
“Trust” | New
York Life Investments Active ETF Trust (formerly IndexIQ Active ETF Trust) |
Except as amended hereby, all terms of the Existing Agreement remain in full force and effect. This Amendment includes the amendments in Schedule A and general terms in Schedule B.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.
ALPS DISTRIBUTORS, INC. | New York Life Investments ACTIVE ETF Trust | ||
By: | /s/ Xxxxxxx X. Xxxxx | By: | /s/ Xxxx X. Xxxxxxxxxx |
Name: | Xxxxxxx Xxxxx | Name: | Xxxx X. Xxxxxxxxxx |
Title: | Senior Vice President & Director | Title: | Vice President |
Distribution Agreement Amendment 11
Schedule A to this Amendment
Amendments
As of the Effective Date, the Existing Agreement is amended as follows:
1. | All references to “IndexIQ Active ETF Trust” shall be replaced with “New York Life Investments Active ETF Trust” |
2. | All references to the “Trust” shall refer to “New York Life Investments Active ETF Trust” |
3. | APPENDIX A of Exhibit 1 to the Agreement is hereby deleted in its entirety and replaced with the following new APPENDIX A: |
APPENDIX A
List of Funds
NYLI CBRE Real Assets ETF
NYLI MacKay California Muni Intermediate ETF
NYLI MacKay ESG Core Plus Bond ETF
NYLI MacKay ESG High Income ETF
NYLI MacKay Muni Insured ETF
NYLI MacKay Muni Intermediate ETF
NYLI MacKay Securitized Income ETF
NYLI Xxxxxxx Focused Large Cap Growth ETF
NYLI Xxxxxxx Large Cap Growth ETF
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Schedule B to this Amendment
General Terms
1. | Capitalized terms not defined herein shall have the meanings given to them in the Existing Agreement. |
2. | The Parties’ duties and obligations are governed by and limited to the express terms and conditions of this Amendment, and shall not be modified, supplemented, amended or interpreted in accordance with, any industry custom or practice, or any internal policies or procedures of any Party. This Amendment (including any attachments, schedules and addenda hereto), along with the Existing Agreement, as amended, contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the Parties with respect thereto. |
3. | This Amendment may be executed in counterparts, each of which when so executed will be deemed to be an original. Such counterparts together will constitute one agreement. Signatures may be exchanged via facsimile or electronic mail and signatures so exchanged shall be binding to the same extent as if original signatures were exchanged. |
4. | This Amendment and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the same jurisdiction as the Existing Agreement. |
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