0001999371-24-010692 Sample Contracts

FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust • New York

THIS FUND OF FUNDS INVESTMENT AGREEMENT (the “Agreement”), dated as of ______________, ____ (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.

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AMENDED AND RESTATED INVESTMENT SUBADVISORY AGREEMENT NEW YORK LIFE INVESTMENT MANAGEMENT LLC AND CBRE INVESTMENT MANAGEMENT LISTED REAL ASSETS LLC
Investment Subadvisory Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust

This Subadvisory Agreement, made as of the 19th day of April 2023 (the “Agreement”), between New York Life Investment Management LLC, a Delaware limited liability company (the “Advisor”) and CBRE Investment Management Listed Real Assets LLC, a Delaware limited liability company (the “Subadvisor”).

AUTHORIZED PARTICIPANT AGREEMENT FOR New York Life Investments Active ETF Trust New York Life Investment ETF Trust
Authorized Participant Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust • New York

This Authorized Participant Agreement (this “Agreement”) is entered into by and between ALPS Distributors, Inc. (the “Distributor”) and ________________________________ (the “Authorized Participant” or the “AP”) and is subject to acceptance by The Bank of New York Mellon (the “BNYM ETF Administrator” or the “Transfer Agent”). The Transfer Agent serves as the transfer agent for the New York Life Investments Active ETF Trust and the New York Life Investments ETF Trust (each a “Trust”) and is a Receipt Agent as that term is defined in the rules of the National Securities Clearing Corporation (“NSCC”). The Distributor, the Transfer Agent and the Authorized Participant acknowledge and agree that each Trust shall be a third-party beneficiary of this Agreement and shall receive the benefits contemplated by this Agreement, to the extent specified herein. The Distributor has been retained to provide services as principal underwriter of each Trust acting on an agency basis in connection with the

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust

This Amendment (“Amendment”) dated August 28,2024 (“Effective Date”) is by and between New York Life Investments Active ETF Trust, (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT 11
Distribution Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of August 28, 2024 (the “Effective Date”):

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust

This Amendment (“Amendment”) dated August 28, 2024 (“Effective Date”) is by and between New York Life Investments ETF Trust and New York Life Investments Active ETF 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”).

AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT NEW YORK LIFE INVESTMENTS ACTIVE ETF TRUST AND NEW YORK LIFE INVESTMENT MANAGEMENT LLC
Expense Limitation Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust • New York

This Expense Limitation Agreement (this “Agreement”) is made and entered into as of June 29, 2022, by and between the New York Life Investments Active ETF Trust, a Delaware statutory trust (the “Trust”), for itself and on behalf of the funds listed on Schedule A (each, a “Fund” and, collectively, the “Funds”) and New York Life Investment Management LLC, a Delaware limited liability company (the “Advisor”).

AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust

This Amendment (“Amendment”) dated August 28, 2024 (“Effective Date”) is by and between New York Life Investments Active ETF Trust, on behalf of its series 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 AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust

THIS AMENDMENT TO AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made as of August 20, 2024, 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”).

AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT NEW YORK LIFE INVESTMENTS ACTIVE ETF TRUST AND NEW YORK LIFE INVESTMENT MANAGEMENT LLC
Investment Advisory Agreement • August 27th, 2024 • New York Life Investments Active ETF Trust • New York

This Investment Advisory Agreement (this “Agreement”) is made and entered into and is effective as of April 15, 2015, by and between New York Life Investments Active ETF Trust, a Delaware trust (the “Trust”), and New York Life Investment Management LLC, a Delaware limited liability company (the “Advisor”).

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