0000891092-13-009542 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • New York

AGREEMENT, dated as of November 18, 2013 between IndexIQ Active ETF Trust, a Delaware statutory trust, having its principal office and place of business at 800 Westchester Avenue, Suite N611, Rye Brook, NY 10573 (the “Trust”) and The Bank of New York Mellon, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).

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DISTRIBUTION AGREEMENT
Distribution Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • Colorado

THIS AGREEMENT is made as of November 27, 2012, between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • New York

This Agreement is made and entered into as of March 13, 2013, by and between IndexIQ Active ETF Trust, a Delaware trust (the “Trust”), on behalf of the funds listed on Appendix A, each a series of shares of the Trust (each, a “Fund” and, collectively, “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • New York

AGREEMENT made as of the 26th day of January, 2009, by and between each Trust listed on Appendix I hereto (collectively, the “Trust”) and each Series of the Trust listed on Appendix I hereto (as such Appendix be amended from time to time), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • New York

AGREEMENT made as of November 18, 2013, by and between each entity listed on Exhibit A hereto (each a “Fund”, collectively the “Funds”), and The Bank of New York Mellon, a New York banking organization (“BNYM”).

EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • November 21st, 2013 • IndexIQ Active ETF Trust

This Agreement is made and entered into effective as of March 13, 2013, by and between the funds listed on Schedule A (each, a “Fund” and, collectively, the “Funds”), each a series of shares of IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”) and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

SECURITIES LENDING AUTHORIZATION AGREEMENT
Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • New York

AGREEMENT, dated as of November 20, 2013 between the IndexIQ Active ETF Trust (the “Client”), with respect to each of the funds identified on Attachment 1 hereto, as amended, modified or supplemented from time to time (each a “Lender” and collectively the “Lenders”) , and The Bank of New York Mellon (“Bank”).

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