0001104659-22-104098 Sample Contracts

FORM OF AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • September 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 September 29, 2022.

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CONFIDENTIAL FORM OF AMENDMENT 6
Distribution Agreement • September 29th, 2022 • IndexIQ Active ETF Trust

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

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

This Amendment to the Subadvisory Agreement is made as of the 29th day of September, 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 TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • September 29th, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated September 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”).

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

This Amendment (“Amendment”) dated September 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 INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • September 29th, 2022 • IndexIQ Active ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated September 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 CUSTODY AGREEMENT
Custody Agreement • September 29th, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated September 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 EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • September 29th, 2022 • IndexIQ Active ETF Trust

This amendment to the Expense Limitation Agreement (the "Agreement"), dated as of June 29, 2022, by and between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series as set forth on Schedule A (each, a “Fund” and, collectively, the “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) is effective as of September 29, 2022.

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