FORM OF AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Exhibit (h)(2)(a)
FORM OF
AMENDMENT TO
TRANSFER AGENCY AND SERVICE AGREEMENT
This Amendment (“Amendment”) dated January 12, 2021 is by and between each trust listed on Appendix I hereto (each, the “Trust” and collectively, the “Trusts”) and each series of the Trusts listed on Appendix I hereto (as such Appendix I may be amended from time to time) and The Bank of New York Mellon (the “Bank”).
BACKGROUND:
| A. | The Bank and the Trusts entered into a Transfer Agency and Service Agreement dated as of January 26, 2009, as amended to date, (the “Agreement”) relating to the Bank’s provision of services to the Trusts and each of their series identified on Appendix I (each a “Series”). |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | Appendix I to the Agreement is hereby deleted in its entirety and replaced with Appendix I attached hereto. |
| 4. | Miscellaneous. |
| (a) | Capitalized terms not defined in this Amendment shall have the meaning ascribed to such term in the Agreement. In the event of a conflict between the terms hereof and the Agreement, this Amendment shall control. |
| (b) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. |
| (c) | The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior communications with respect thereto. |
| (d) | This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The facsimile signature of any party to this Amendment shall constitute the valid and binding execution hereof by such party. |
| (e) | This Amendment shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers designated below on the date and year first above written.
| INDEXIQ ETF TRUST | ||
| On behalf of each of its Series identified on Appendix I attached hereto | ||
| By: | ||
| Name: | ||
| Title: | ||
| INDEXIQ ACTIVE ETF TRUST | ||
| On behalf of each of its Series identified on Appendix I attached hereto | ||
| By: | ||
| Name: | ||
| Title: | ||
| THE BANK OF NEW YORK MELLON | ||
| By: | ||
| Name: | ||
| Title: | ||
APPENDIX I
(Amended and Restated as of January 12, 2021)
IQ Hedge Multi-Strategy Tracker ETF
IQ Hedge Macro Tracker ETF
IQ Real Return ETF IQ
Global Resources ETF IQ
Merger Arbitrage ETF
IQ U.S. Real Estate Small Cap ETF
IQ Hedge Market Neutral Tracker ETF
IQ Hedge Long/Short Tracker ETF
IQ Hedge Event-Driven Tracker ETF
IQ 50 Percent Hedged FTSE International ETF
IQ Enhanced Core Plus Bond U.S ETF
IQ S&P High Yield Low Volatility Bond ETF
IQ Xxxxxxx U.S. Small Cap ETF
IQ Xxxxxxx U.S Large Cap ETF
IQ 500 International ETF
IQ Candriam ESG US Equity ETF
IQ Candriam ESG International Equity ETF
IQ Healthy Hearts ETF
INDEXIQ ACTIVE ETF TRUST
IQ Ultra Short Duration ETF
IQ MacKay Municipal Intermediate ETF
IQ MacKay Municipal Insured ETF
