FORM OF CUSTODY AGREEMENTCustody Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust • New York
THIS CUSTODY AGREEMENT (this “Agreement”), dated as of ________________ is made by and between IndexIQ Active ETF Trust, a Delaware statutory trust, having its principal office and place of business at 800 Westchester Drive, Suite N611, Rye Brook, NY 10573 (the “Trust”) on behalf of its various Fund (as defined below) portfolios, individually and not jointly, 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”).
FORM OF INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust • Delaware
This Investment Advisory Agreement (this “Agreement”) is made and entered into effective as of __________, 2012, by and between IndexIQ Active ETF Trust, a Delaware trust (the “Trust”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”).
FORM OF DISTRIBUTION AGREEMENTDistribution 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”).
FORM OF TRANSFER AGENCY AND SERVICE AGREEMENTForm 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”).
FORM OF CALCULATION AGREEMENTForm 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”).
FORM OF INITIAL CAPITAL AGREEMENTInitial Capital Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust
THIS INITIAL CAPITAL AGREEMENT is entered into as of _________ ____, 2012 by and between IndexIQ Advisors LLC with its principal office at 800 Westchester Drive, Suite N-611, Rye Brook, New York 10017 (“Purchaser”) and IndexIQ Active ETF Trust, a Delaware statutory trust, with its principal office at 800 Westchester Drive, Suite N-611, Rye Brook, New York 10017 (the “Trust”).
FORM OF FUND ADMINISTRATION AND ACCOUNTING AGREEMENTAdministration and Accounting Agreement • August 22nd, 2012 • IndexIQ Active ETF Trust • New York
THIS FUND ADMINISTRATION AND ACCOUNTING AGREEMENT (this “Agreement”), dated as of ____________, is made by and among IndexIQ Active ETF Trust (the “Trust”) on behalf of its various portfolios, each identified on Exhibit A attached hereto as amended from time to time (each a “Fund” and, collectively, the “Funds”), individually and not jointly, and The Bank of New York, a New York banking organization (“BNY”).
FORM OF AUTHORIZED PARTICIPANT AGREEMENTParticipant Agreement • August 22nd, 2012 • IndexIQ Active 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 Active 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 $.
