IndexIQ ETF Trust Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • February 4th, 2009 • IndexIQ ETF Trust • New York

AGREEMENT, dated as of October 8, 2008, between IndexIQ ETF Trust, a business trust organized and existing under the laws of the State of Delaware having its principal office and place of business at 800 Westchester Avenue, Suite N611, Rye Brook, NY 10573 (the “Fund”) and The Bank of New York, a New York corporation authorized to do a banking business having its principal office and place of business at One Wall Street, New York, New York 10286 (“Custodian”).

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INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • May 1st, 2015 • IndexIQ 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 IndexIQ ETF Trust, a Delaware trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • February 4th, 2009 • IndexIQ ETF Trust • California

AGREEMENT, dated as of , 2009, to be effective upon the commencement of operations of the IQ Hedge Multi-Strategy Composite ETF, by and between IndexIQ Advisors LLC (the “Investment Adviser”), a Delaware limited liability company having its principal place of business at 800 Westchester Avenue, Suite N611, Rye Brook, New York 10573, and Mellon Capital Management Corporation (the “Sub-Adviser”), a Delaware corporation having its principal place of business at 50 Fremont Street, Suite 3900, San Francisco, California 94105.

INDEXIQ ETF TRUST SUBADVISORY AGREEMENT
Subadvisory Agreement • January 11th, 2017 • IndexIQ ETF Trust • New York

This Subadvisory Agreement, made as of the ___ day of January, 2017 (the “Agreement”), between IndexIQ Advisors LLC a Delaware limited liability company (the “Advisor”) and MacKay Shields LLC, a Delaware limited liability company (the “Subadvisor”).

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • February 4th, 2009 • IndexIQ ETF Trust • New York

AGREEMENT made as of the 26th day of January, 2009, by and between each Trust listed on Appendix I hereto (collectively, the “Trust”) and each Series of the Trust listed on Appendix I hereto (as such Appendix be amended from time to time), and THE BANK OF NEW YORK MELLON, a New York banking company having its principal office and place of business at One Wall Street, New York, New York 10286 (the “Bank”).

DISTRIBUTION AGREEMENT
Distribution Agreement • February 4th, 2009 • IndexIQ ETF Trust • Colorado

THIS AGREEMENT is made as of September 25, 2008, between IndexIQ ETF Trust, a Delaware trust (the “Fund”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).

AUTHORIZED PARTICIPANT AGREEMENT FOR IndexIQ ETF Trust
Authorized Participant Agreement • August 29th, 2011 • IndexIQ ETF Trust • New York

This Authorized Participant Agreement (the “Agreement”) is entered into by and between ALPS Distributor, Inc. (the “Distributor”) and ___________________________(the “Authorized Participant” or “AP”) and is subject to acceptance by The Bank of New York Mellon ("BNYM ETF Administrator" or the “Transfer Agent”). The Transfer Agent serves as the transfer agent for the IndexIQ ETF Trust (the “Company”) and is an Index 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 the Company 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 the Company acting on an agency basis in connection with the sale and distribution of shares of beneficial interest, par value $.0001 pe

SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • August 27th, 2012 • IndexIQ ETF Trust • New York

AGREEMENT, dated as of Feburary 13, 2012 between the INDEXIQ 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”).

FORM OF AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • August 28th, 2020 • IndexIQ ETF Trust • New York

This Amendment (“Amendment”) dated as of August 12, 2020 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”).

SUB-LICENSE AGREEMENT
Sub-License Agreement • February 4th, 2009 • IndexIQ ETF Trust • New York

THIS SUB-LICENSE AGREEMENT (the “Agreement”), dated as of , , (the “Effective Date”) is by and between IndexIQ Advisors LLC, whose principal place of business is 800 Westchester Avenue, Suite N-611 Rye Brook, New York 10573 (“Advisor”), and IndexIQ ETF Trust, a Delaware trust (the “Trust”).

FORM OF AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • February 28th, 2022 • IndexIQ ETF Trust

This amendment to the Investment Advisory Agreement (this “Agreement”), dated as of April 15, 2015, by and between IndexIQ ETF Trust, a Delaware trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) is entered into pursuant to Section 8 of the Agreement and is effective as of February 28, 2022.

FORM OF AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • October 8th, 2021 • IndexIQ ETF Trust

(“Amendment”) is made effective as of the October 7, 2021 (the “Effective Date”), by and between THE BANK OF NEW YORK MELLON, (“Bank”), and INDEXIQ 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”).

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • February 4th, 2009 • IndexIQ ETF Trust • New York

AGREEMENT made as of October 8, 2008, by and between each entity listed on Exhibit A hereto (each a “Fund”, collectively the “Funds”), and The Bank of New York, a New York banking organization (“BNY”).

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT This amendment to the Investment Advisory Agreement (this "Agreement"), dated as of April 15, 2015, by and between IndexIQ ETF Trust, a Delaware trust (the "Trust"), and IndexIQ Advisors LLC, a Delaware...
Investment Advisory Agreement • June 29th, 2017 • IndexIQ ETF Trust

This amendment to the Investment Advisory Agreement (this "Agreement"), dated as of April 15, 2015, by and between IndexIQ ETF Trust, a Delaware trust (the "Trust"), and IndexIQ Advisors LLC, a Delaware limited liability company (the "Advisor") is entered into pursuant to Section 8 of the Agreement and is effective as of May 15, 2017.

SUB-ADVISORY AGREEMENT
Sub-Advisory Agreement • January 27th, 2010 • IndexIQ ETF Trust • New York

SUB-ADVISORY AGREEMENT (this “Agreement”) made this 26th day of January, 2010 (“Effective Date”), by and between IndexIQ Advisors LLC (“IQ”), and Esposito Partners, LLC (the “Sub-adviser”).

FORM OF AMENDMENT 6
IndexIQ ETF Trust • October 8th, 2021

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of October 7, 2021 (the “Effective Date”):

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • August 28th, 2023 • IndexIQ ETF Trust

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 • October 5th, 2022 • IndexIQ 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”).

AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • December 14th, 2021 • IndexIQ ETF Trust

THIS AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made effective as of the December 14, 2021 (the “Effective Date”), by and between THE BANK OF NEW YORK MELLON, (“Bank”), and INDEXIQ 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”).

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 8th, 2021 • IndexIQ ETF Trust

This amendment to the Investment Advisory Agreement (this “Agreement”), dated as of April 15, 2015, by and between IndexIQ ETF Trust, a Delaware trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) is entered into pursuant to Section 8 of the Agreement and is effective as of October 7, 2021.

AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • August 28th, 2023 • IndexIQ ETF Trust

THIS AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made effective as of December 14, 2021 (the “Effective Date”), by and between THE BANK OF NEW YORK MELLON, (“Bank”), and INDEXIQ 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”).

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • December 14th, 2021 • IndexIQ ETF Trust • New York

This Amendment (“Amendment”) dated December 14, 2021 (“Effective Date”) is by and between IndexIQ ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

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FORM OF AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • October 5th, 2022 • IndexIQ ETF Trust

This amendment to the Investment Advisory Agreement (this “Agreement”), dated as of April 15, 2015, by and between IndexIQ ETF Trust, a Delaware trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) is entered into pursuant to Section 8 of the Agreement and is effective as of September 29, 2022.

AMENDMENT 7
IndexIQ ETF Trust • August 29th, 2022

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of December 14, 2021 (the “Effective Date”):

AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Accounting Agreement • August 29th, 2022 • IndexIQ ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated December 14, 2021 (“Effective Date”) is by and between INDEXIQ ETF TRUST (the “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

SUBLICENSE AGREEMENT
Sublicense Agreement • January 11th, 2017 • IndexIQ ETF Trust • New York

WHEREAS, pursuant to that certain ETF License Number 1 to the ETF Master Agreement dated as of November 1, 2016 by and between Licensee and S&P Opco (a subsidiary of S&P Dow Jones Indices LLC), a Delaware limited liability company (“S&P”) (“License Agreement”), S&P has granted Licensee a license to use certain trademarks and indexes developed by S&P (the “S&P Marks”) in connection with the exchange trading, marketing and/or promotion of the specific products described in Appendix A, attached hereto and incorporated herein (“Products”), and

AMENDMENT 3
IndexIQ ETF Trust • August 28th, 2020

Except as amended hereby, all terms of the Existing Agreement remain in full force and effect. This Amendment includes the amendments in Schedule A and general terms in Schedule B.

AMENDMENT TO SUB-LICENSE AGREEMENT
Sub-License Agreement • August 29th, 2022 • IndexIQ ETF Trust

This amendment to the Sub-License Agreement (the "Agreement"), dated as of August 25, 2022, by and between IndexIQ ETF Trust, a Delaware statutory trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”), is effective as of August 31, 2022.

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • August 30th, 2021 • IndexIQ ETF Trust

This amendment to the Investment Advisory Agreement (this “Agreement”), dated as of April 15, 2015, by and between IndexIQ ETF Trust, a Delaware trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) is entered into pursuant to Section 8 of the Agreement and is effective as of August 30, 2021.

FORM OF AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Accounting Agreement • January 12th, 2021 • IndexIQ ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated January 12, 2021 is by and between INDEXIQ ETF TRUST (the “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

AMENDMENT 10
IndexIQ ETF Trust • August 28th, 2023

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

EXPENSE LIMITATION AGREEMENT INDEXIQ ETF TRUST
Expense Limitation Agreement • August 29th, 2022 • IndexIQ ETF Trust • New York

This Agreement is made and entered into as of August 23, 2022 between the funds listed on Schedule A (each, a “Fund” and, collectively, the “Funds”), each a series of shares of IndexIQ ETF Trust, a Delaware statutory trust (the “Trust”) and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

EXPENSE LIMITATION AGREEMENT INDEXIQ ETF TRUST
Expense Limitation Agreement • May 11th, 2017 • IndexIQ ETF Trust

This Agreement is made and entered into effective as of May 15, 2017, by and between IQ Chaikin U.S. Dividend Achievers ETF, IQ Chaikin U.S. Large Cap ETF and IQ Chiakin U.S. Small Cap ETF (the “Funds”), each a series of shares of IndexIQ ETF Trust, a Delaware statutory trust (the “Trust”) and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

EXPENSE LIMITATION AGREEMENT INDEXIQ ETF TRUST
Expense Limitation Agreement • December 7th, 2018 • IndexIQ ETF Trust

This Agreement is made and entered into effective as of August 31, 2018, by and between IndexIQ Advisors LLC, a Delaware limited liability company (the "Advisor") and IndexIQ ETF Trust, a Delaware statutory trust (the "Trust"), on behalf of each of its series set forth on Schedule A, attached hereto and made a part hereof, (each a "Fund" and collectively, the "Funds").

AMENDMENT TO INVESTMENT COMPANY REPORTING MODERNIZATION SERVICES AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Administration and Accounting Agreement • October 8th, 2021 • IndexIQ ETF Trust

This Amendment to the Investment Company Reporting Modernization Services Amendment (the “Amendment”) dated October 7, 2021 (“Effective Date”) is by and between INDEXIQ ETF TRUST (the “Fund”) and THE BANK OF NEW YORK MELLON (“BNY Mellon”).

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