0001104659-21-082629 Sample Contracts

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • June 17th, 2021 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 18, 2021 (“Effective Date”) is by and between IndexIQ Active ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

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AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • June 17th, 2021 • IndexIQ Active ETF Trust

THIS AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT, is hereby made as of June 18, 2021, between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series set forth on Schedule A (each a “Fund” and collectively, “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Manager”).

AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • June 17th, 2021 • IndexIQ Active ETF Trust

THIS AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made effective as of the June 18, 2021 (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”).

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • June 17th, 2021 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 18, 2021 (“Effective Date”) 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”).

AMENDMENT 2
IndexIQ Active ETF Trust • June 17th, 2021

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of June 18, 2021 (the “Effective Date”):

AMENDMENT TO SUBADVISORY AGREEMENT
Subadvisory Agreement • June 17th, 2021 • IndexIQ Active ETF Trust

This Amendment to the Subadvisory Agreement is made as of the 18th day of June, 2021, by and between IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) and MacKay Shields LLC, a Delaware limited liability company (the “Subadvisor”).

AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • June 17th, 2021 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 18, 2021 (“Effective Date”) is by and between each entity listed on Exhibit A to the Agreement (as defined below) (each a “Fund” and collectively, the “Funds”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • June 17th, 2021 • IndexIQ Active ETF Trust

This amendment to the Investment Advisory Agreement (this “Agreement”), dated as of April 15, 2015, by and between IndexIQ Active ETF Trust, a Delaware trust (the “Trust”), on behalf of its series as set forth on Appendix A (each, a “Fund” and, collectively, “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) is entered into pursuant Section 8 of the Agreement and is effective as of June 18, 2021.

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