0001104659-22-075703 Sample Contracts

FORM OF AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • June 29th, 2022 • IndexIQ Active ETF Trust • New York

AMENDED AND RESTATED AGREEMENT, dated as of ______________________, 2022 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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FORM OF AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • June 29th, 2022 • 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 29, 2022.

FORM OF AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • June 29th, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 29, 2022 (“Effective Date”) is by and between IndexIQ Active ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

FORM OF AMENDMENT 5
Distribution Agreement • June 29th, 2022 • IndexIQ Active ETF Trust

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of June 29, 2022 (the “Effective Date”):

FORM OF EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • June 29th, 2022 • IndexIQ Active ETF Trust • New York

This Agreement is made and entered into as of June 29, 2022, 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”).

FORM OF AMENDMENT TO SUBADVISORY AGREEMENT
Subadvisory Agreement • June 29th, 2022 • IndexIQ Active ETF Trust

This Amendment to the Subadvisory Agreement is made as of the 29th day of June, 2022, by and between IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) and MacKay Shields LLC, a Delaware limited liability company (the “Subadvisor”).

FORM OF AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • June 29th, 2022 • IndexIQ Active ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated June 29, 2022 (“Effective Date”) is by and between INDEXIQ ACTIVE ETF TRUST (the “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

FORM OF AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • June 29th, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 29, 2022 (“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”).

FORM OF AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • June 29th, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 29, 2022 (“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”).

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