0001104659-23-050257 Sample Contracts

FORM OF AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • April 26th, 2023 • IndexIQ Active ETF Trust • New York

AMENDED AND RESTATED AGREEMENT, dated as of April , 2023 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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AMENDMENT 7
IndexIQ Active ETF Trust • April 26th, 2023

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of March 31, 2023 (the “Effective Date”):

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • April 26th, 2023 • IndexIQ Active ETF Trust

This Amendment (“Amendment”) dated March 31, 2023 (“Effective Date”) is by and between IndexIQ Active ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • April 26th, 2023 • IndexIQ Active ETF Trust

This Investment Company Reporting Modernization Services Amendment (the “Amendment”) is made as of June 14, 2018 by and between INDEXIQ ACTIVE ETF TRUST (the “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

INDEXIQ FORM OF FUND OF FUNDS INVESTMENT AGREEMENT
Funds Investment Agreement • April 26th, 2023 • IndexIQ Active ETF Trust • New York

THIS FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of January 19, 2022 (the “Effective Date”), is made by and between each investment company (each, an “Acquiring Registrant”), for itself, and on behalf of each of its portfolio series listed on Schedule A (the “Acquiring Funds”), and each investment company (each, an “Acquired Registrant”), for itself, and on behalf of each of its portfolio series listed on Schedule B (the “Acquired Funds”), each severally and not jointly.

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • April 26th, 2023 • IndexIQ Active ETF Trust

This Amendment (“Amendment”) dated March 31, 2023 (“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 • April 26th, 2023 • IndexIQ Active ETF Trust

This Amendment (“Amendment”) dated March 31, 2023 (“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 • April 26th, 2023 • IndexIQ Active ETF Trust

This amendment to the Investment Advisory Agreement dated as of April 15, 2015, (this “Agreement”) 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 March 31, 2023.

INDEXIQ ACTIVE ETF TRUST FORM OF SUBADVISORY AGREEMENT
Form of Subadvisory Agreement • April 26th, 2023 • IndexIQ Active ETF Trust

This Subadvisory Agreement, made as of the __ day of April, 2023 (the “Agreement”), between IndexIQ Advisors LLC a Delaware limited liability company (the “Advisor”) and CBRE Investment Management Listed Real Assets LLC, a Delaware limited liability company (the “Subadvisor”).

AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Administration and Accounting Agreement • April 26th, 2023 • IndexIQ Active ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated March 31, 2023 (“Effective Date”) is by and between INDEXIQ ACTIVE ETF TRUST (the “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

AMENDMENT TO EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • April 26th, 2023 • IndexIQ Active ETF Trust

This amendment to the Expense Limitation Agreement dated as of June 29, 2022 (this "Agreement"), 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 March 31, 2023.

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