FORM OF AMENDMENT TO CUSTODY AGREEMENT
Exhibit (g)(1)(a)
FORM OF
AMENDMENT
TO
This Amendment (“Amendment”) is made as of the 12th day of August, 2020, by and between IndexIQ ETF Trust (the “Fund”) and The Bank of New York Mellon (formerly, The Bank of New York) (“BNY Mellon”).
BACKGROUND:
| A. | BNY Mellon and the Fund entered into a Custody Agreement dated as of May 30, 2008, as amended to date, (the “Agreement”) relating to BNY Mellon’s provision of services to the Fund and its portfolios identified on Schedule II (each a “Series”). |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | Schedule II to the Agreement is hereby deleted in its entirety and replaced with Schedule II attached hereto. |
| 2. | Miscellaneous. |
| (a) | Capitalized terms not defined in this Amendment shall remain in full force and effect. In the event of a conflict between the terms hereof and the Agreement, as to services described in this Amendment, 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 Series identified on Schedule II attached to the Agreement | ||
| By: | ||
| Name: | ||
| Title: | ||
| THE BANK OF NEW YORK MELLON | ||
| By: | ||
| Name: | ||
| Title: | ||
SCHEDULE II
(Amended and Restated as of August 12, 2020)
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
