0001999371-24-005731 Sample Contracts

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

This Amendment (“Amendment”) is an amendment to the Fund Administration and Accounting Agreement between The Bank of New York Mellon (“BNY Mellon”) and each entity listed on Exhibit A to the Agreement (“each a “Fund” and collectively, the “Funds”) dated November 18, 2013, as amended (the “Agreement”).

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AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

This Amendment (“Amendment”) dated April 12, 2024 (“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 CUSTODY AGREEMENT
Custody Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

This Amendment (“Amendment”) dated April 12, 2024 (“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 • May 7th, 2024 • IndexIQ Active ETF Trust

This amendment to the Expense Limitation Agreement dated as of June 29, 2022 (the “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 May 1, 2024.

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

This amendment to the Investment Advisory Agreement dated as of April 15, 2015 (the “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, the “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 May 1, 2024.

AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated April 12, 2024 (“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 • May 7th, 2024 • IndexIQ Active ETF Trust

This Amendment (“Amendment”) dated April 12, 2024 (“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 SUBADVISORY AGREEMENT
Subadvisory Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

This Amendment to the Subadvisory Agreement is made as of the 4th day of April, 2024, 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 10
Distribution Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of April 4, 2024 (the “Effective Date”):

AMENDMENT TO AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • May 7th, 2024 • IndexIQ Active ETF Trust

THIS AMENDMENT TO AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made effective as of the April 24, 2024 (the “Effective Date”), by and between THE BANK OF NEW YORK MELLON, (“Bank”), and INDEXIQ ACTIVE ETF TRUST (the “Client”), with respect to each of the funds identified on Attachment 1 to the Agreement (as defined below), as amended, modified or supplemented from time to time (each a “Lender” and collectively the “Lenders”).

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