AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
Exhibit (h)(7)(a)
AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
THIS AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made effective as of the April 7, 2022 (the “Effective Date”), by and between THE BANK OF NEW YORK MELLON, (“Bank”), and INDEXIQ ACTIVE ETF TRUST (the “Client”), with respect to each of the funds identified on Attachment 1 to the Agreement (as defined below), as amended, modified or supplemented from time to time (each a “Lender” and collectively the “Lenders”).
WHEREAS, the Client and Bank have entered into a certain Securities Lending Authorization Agreement dated as of November 20, 2013 (as amended, modified or supplemented from time to time, the “Agreement”); and
WHEREAS, the Client and Bank desire to amend the Agreement in certain respects as hereinafter provided:
NOW, THEREFORE, the parties hereto, each intending to be legally bound, do hereby agree as follows:
1. From and after the Effective Date, the Agreement is hereby amended by deleting Attachment 1 therefrom in its entirety and substituting in lieu thereof a new Attachment 1 identical to that which is attached hereto as Exhibit A.
2 Except as expressly amended hereby, all of the provisions of the Agreement shall continue in full force and effect; and are hereby ratified and confirmed in all respects. Upon the effectiveness of this Amendment, all references in the Agreement to “this Agreement” (and all indirect references such as “herein”, “hereby”, “hereunder” and “hereof”) shall be deemed to refer to the Agreement as amended by this Amendment.
3. This Amendment may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute but one agreement.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth above.
| THE BANK OF NEW YORK MELLON | INDEXIQ ACTIVE ETF TRUST | |||
| By: | /s/ Xxxxx Xxx | By: | /s/ Xxxxxxxx Xxxxxxxxx | |
| Name: | Xxxxx Xxx | Name: | Xxxxxxxx Xxxxxxxxx | |
| Title: | Director, Securities Finance | Title: | Executive Vice President | |
| THE BANK OF NEW YORK MELLON | ||
| By: | /s/Xxxx Xxxx | |
| Name: | Xxxx Xxxx | |
| Title: | Director, Securities Finance | |
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EXHIBIT A
to
SECURITIES LENDING AUTHORIZATION AGREEMENT
which Amendment is made and effective as of April 7 , 2022, by and between
THE BANK OF NEW YORK MELLON (“Bank”) and INDEXIQ ACTIVE ETF TRUST (the
“Client
ATTACHMENT 1
to
SECURITIES LENDING AUTHORIZATION AGREEMENT
dated November 20, 2013
by and between THE BANK OF NEW YORK MELLON (“Bank”) and INDEXIQ ACTIVE
ETF TRUST (the “Client”), with respect to each of the funds identified therein, as amended, modified or supplemented from time to time (each a “Lender” and collectively the “Lenders”) (the “Agreement”)
LIST OF LENDERS
The following is the list of the “Lenders” referred to in the Securities Lending Authorization Agreement dated November 20, 2013, by and between THE BANK OF NEW YORK MELLON and the INDEXIQ ACTIVE ETF TRUST, as Client.
| Lender | Ticker | CUSIP | XXX # | XXX Xxxx # | Xxxxxxxxx Xxxx |
| XX XxxXxx XXX Core Plus Bond ETF | ESBG | 00000X000 | 00-0000000 | 943872 | 06.18.21 |
| IQ Xxxxxxx Focused Large Cap Growth ETF | IWFG | 00000X000 | 00-0000000 | 440520 | 04.07.22 |
| IQ Xxxxxxx Large Cap Growth ETF | IWLG | 00000X000 | 00-0000000 | 440522 | 04.07.22 |
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