0001104659-22-095661 Sample Contracts

INDEXIQ ACTIVE ETF TRUST SUBADVISORY AGREEMENT
Subadvisory Agreement • August 29th, 2022 • IndexIQ Active ETF Trust • New York

This Subadvisory Agreement, made as of the 4th day of May, 2022 (the “Agreement”), between IndexIQ Advisors LLC a Delaware limited liability company (the “Advisor”) and Winslow Capital Management, LLC, a Delaware limited liability company (the “Subadvisor”).

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AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • August 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.

AMENDMENT TO SUBADVISORY AGREEMENT
Subadvisory Agreement • August 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”).

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • August 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”).

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • August 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”).

EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • August 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”).

AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • August 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”).

AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • August 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”).

AMENDMENT 5
Distribution Agreement • August 29th, 2022 • IndexIQ Active ETF Trust

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of June 30, 2022 (the “Effective Date”):

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