IndexIQ Active ETF Trust Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • New York

AGREEMENT, dated as of November 18, 2013 between IndexIQ Active ETF Trust, a Delaware statutory trust, having its principal office and place of business at 800 Westchester Avenue, Suite N611, Rye Brook, NY 10573 (the “Trust”) and The Bank of New York Mellon, 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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DISTRIBUTION AGREEMENT
Distribution Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • Colorado

THIS AGREEMENT is made as of November 27, 2012, between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).

FORM OF DISTRIBUTION AGREEMENT
Distribution Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust • Colorado

THIS AGREEMENT is made as of ________ ___, 2012, between IndexIQ Active ETF Trust, a Delaware trust (the “Fund”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • August 28th, 2020 • IndexIQ 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 IndexIQ Active ETF Trust, a Delaware trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

INDEXIQ ACTIVE ETF TRUST SUBADVISORY AGREEMENT
Subadvisory Agreement • August 28th, 2023 • IndexIQ Active ETF Trust

This Subadvisory Agreement, made as of the 19th 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”).

TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • November 21st, 2013 • IndexIQ Active 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”).

AMENDED AND RESTATED SECURITIES LENDING AUTHORIZATION AGREEMENT
Securities Lending Authorization Agreement • August 28th, 2023 • IndexIQ Active ETF Trust • New York

AMENDED AND RESTATED AGREEMENT, dated as of June 14, 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”).

EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • August 28th, 2020 • IndexIQ Active ETF Trust

This Agreement is made and entered into effective as of August 31, 2018, by and between the funds listed on Schedule A (each, a “Fund” and, collectively, the “Funds”), each a series of shares of IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”) and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

FUND ADMINISTRATION AND ACCOUNTING AGREEMENT
Fund Administration and Accounting Agreement • November 21st, 2013 • IndexIQ Active ETF Trust • New York

AGREEMENT made as of November 18, 2013, by and between each entity listed on Exhibit A hereto (each a “Fund”, collectively the “Funds”), and The Bank of New York Mellon, a New York banking organization (“BNYM”).

FORM OF AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • August 28th, 2020 • IndexIQ Active 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”).

FORM OF TRANSFER AGENCY AND SERVICE AGREEMENT
Form of Transfer Agency and Service Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust • New York

THIS TRANSFER AGENCY AND SERVICE AGREEMENT (this “Agreement”), dated as of the ______ day of ________, 2012, is made by and among each Trust listed on Appendix I hereto (collectively, the “Trust”), on behalf of 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”).

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • August 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 June 29, 2022.

AMENDMENT 1
IndexIQ Active 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.

EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • November 21st, 2013 • IndexIQ Active ETF Trust

This Agreement is made and entered into effective as of March 13, 2013, by and between the funds listed on Schedule A (each, a “Fund” and, collectively, the “Funds”), each a series of shares of IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”) and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

Schedule II to Custody Agreement As of December 17, 2019
IndexIQ Active ETF Trust • August 28th, 2020

The undersigned hereby certifies that he is an authorized signer of the IndexIQ Active ETF Trust (the "Trust") and that the following funds are included under the Custody Agreement dated November 18, 2013, by and between the Trust and the Bank of New York Mellon.

AMENDMENT TO INVESTMENT ADVISORY AGREEMENT 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 the funds listed on...
Investment Advisory Agreement • December 22nd, 2017 • 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 the funds listed on Appendix A, each a series of shares of the Trust (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 August 22, 2017.

AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENT
Transfer Agency and Service Agreement • May 3rd, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated April 7, 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”).

AMENDMENT TO SUBADVISORY AGREEMENT
Subadvisory Agreement • August 29th, 2022 • IndexIQ Active ETF Trust

This Amendment to the Subadvisory Agreement is made as of the 29th day of June, 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”).

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • June 17th, 2021 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 18, 2021 (“Effective Date”) is by and between IndexIQ Active ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT TO SUBADVISORY AGREEMENT
Subadvisory Agreement • August 28th, 2023 • 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 CUSTODY AGREEMENT
Custody Agreement • June 29th, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated June 29, 2022 (“Effective Date”) is by and between IndexIQ Active ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • June 17th, 2021 • IndexIQ Active ETF Trust

THIS AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT, is hereby made as of June 18, 2021, between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series set forth on Schedule A (each a “Fund” and collectively, “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Manager”).

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FORM OF AMENDMENT 5
IndexIQ Active ETF Trust • June 29th, 2022

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

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.

AMENDMENT TO CUSTODY AGREEMENT
Custody Agreement • May 3rd, 2022 • IndexIQ Active ETF Trust • New York

This Amendment (“Amendment”) dated April 7, 2022 (“Effective Date”) is by and between IndexIQ Active ETF Trust (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).

AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • August 30th, 2021 • IndexIQ Active ETF Trust

THIS AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT, is hereby made as of August 30, 2021, between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series set forth on Schedule A (each a “Fund” and collectively, “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Manager”).

AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • August 28th, 2020 • IndexIQ Active ETF Trust

THIS AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT, is hereby made as of August 27, 2020, between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series set forth on Schedule A (each a “Fund” and collectively, “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Manager”).

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

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

AMENDMENT 3
IndexIQ Active ETF Trust • December 13th, 2021

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of December 13, 2021 (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 EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • June 29th, 2022 • IndexIQ Active ETF Trust • New York

This Agreement is made and entered into as of June 29, 2022, by and between the funds listed on Schedule A (each, a “Fund” and, collectively, the “Funds”), each a series of shares of IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”) and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

FORM OF EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • May 3rd, 2022 • IndexIQ Active ETF Trust • New York

This Agreement is made and entered into as of May 3, 2022, by and between the funds listed on Schedule A (each, a “Fund” and, collectively, the “Funds”), each a series of shares of IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”) and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).

AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT INDEXIQ ACTIVE ETF TRUST
Expense Limitation Agreement • December 13th, 2021 • IndexIQ Active ETF Trust

THIS AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT, is hereby made as of December 13, 2021, between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series set forth on Schedule A (each a “Fund” and collectively, “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Manager”).

FORM OF CALCULATION AGREEMENT
Form of Calculation Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust • New York

This Calculation Agreement (“Agreement”) is entered into this ___ day of _________, 2012 (the “Effective Date”), by and between IndexIQ Active ETF Trust (the “Trust”), a Delaware statutory trust having an office at 800 Westchester Drive, Suite N-611, Rye Brook, New York 10573 and ___________ (“[Exchange]”), a _____________ having an office at __________________. (The Trust and [Exchange] each being a “Party,” and collectively, the “Parties”).

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”):

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