AMENDMENT TO AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
IndexIQ Active ETF Trust 485BPOS
Exhibit (h)(4)(a)
AMENDMENT TO AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
THIS AMENDMENT TO AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made effective as of the April 24, 2024 (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 Amended and Restated Securities Lending Authorization Agreement dated as of June 14, 2023 (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]
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/ Xxxx X. Xxxxxxxxxx | ||
Name: | Xxxx X. Xxxxxxxxxx | ||||
Name: | Xxxxx Xxx | Title: | Vice President | ||
Title: | Director |
THE BANK OF NEW YORK MELLON | |||||
By: | /s/ Xxxxx Xxxxxxx | ||||
Name: | Xxxxx Xxxxxxx | ||||
Title: | Managing Director |
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EXHIBIT A
to
SECURITIES LENDING AUTHORIZATION AGREEMENT
which Amendment is
made and effective as of April 24, 2024, by and between
THE BANK OF NEW YORK MELLON (“Bank”) and INDEXIQ
ACTIVE ETF TRUST (the “Client
ATTACHMENT 1
to
AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
dated June 14, 2023
by and between
THE BANK OF NEW YORK MELLON (“Bank”) and INDEXIQ ACTIVE ETF TRUST on behalf of various Lenders identified therein
LIST OF LENDERS
The following is the list of the “Lenders” referred to in the Securities Lending Authorization Agreement dated June 14, 2023, by and between THE BANK OF NEW YORK MELLON and the INDEXIQ ACTIVE ETF TRUST, as Client.
Lender
|
Ticker | CUSIP |
EIN #
|
BNY Acct # | Inception Date |
IQ MacKay ESG Core Plus Bond ETF | ESBG | 00000X000 | 00-0000000 | 943872 | 06.18.2021 |
IQ Xxxxxxx Large Cap Growth ETF | IWLG | 00000X000 | 00-0000000 | 440519 | 06.23.2022 |
IQ Xxxxxxx Focused Large Cap Growth ETF | IWFG | 00000X000 | 00-0000000 | 440520 | 06.23.2022 |
IQ MacKay ESG High Income ETF | IQHI | 00000X000 | 00-0000000 | 240412 | 10.25.2022 |
IQ CBRE Real Assets ETF | IQRA | 00000X000 | 00-0000000 | 425269 | 5.10.2023 |
IQ MacKay Securitized Income ETF | SECR | 00000X000 | 00-0000000 | 796950 | 05.8.2024 |
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