0001104659-21-149021 Sample Contracts

AMENDMENT 3
IndexIQ Active ETF Trust • December 13th, 2021

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of December 13, 2021 (the “Effective Date”):

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AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • December 13th, 2021 • IndexIQ Active ETF Trust

THIS AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT, is hereby made as of December 13, 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 TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • December 13th, 2021 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated December 13, 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 TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • December 13th, 2021 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated December 13, 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 CUSTODY AGREEMENT
Custody Agreement • December 13th, 2021 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated December 13, 2021 (“Effective Date”) is by and between IndexIQ Active ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • December 13th, 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 December 13, 2021.

AMENDMENT TO SUBADVISORY AGREEMENT
Subadvisory Agreement • December 13th, 2021 • IndexIQ Active ETF Trust

This Amendment to the Subadvisory Agreement is made as of the 10th day of December, 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 INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Accounting Agreement • December 13th, 2021 • IndexIQ Active ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated December 13, 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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