0001999371-26-018791 Sample Contracts

AUTHORIZED PARTICIPANT AGREEMENT FOR NYLIM Active ETF Trust NYLIM ETF Trust
Authorized Participant Agreement • August 26th, 2026 • 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 NYLIM Active ETF Trust and the NYLIM 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 sale and distribution of shares of bene

FUND OF FUNDS INVESTMENT AGREEMENT
Fund of Funds Investment Agreement • August 26th, 2026 • 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.

EXPENSE LIMITATION AGREEMENT NYLIM ACTIVE ETF TRUST AND NEW YORK LIFE INVESTMENT MANAGEMENT LLC
Expense Limitation Agreement • August 26th, 2026 • New York Life Investments Active ETF Trust • New York

This Expense Limitation Agreement (this “Agreement”) is made and entered into as of August 28, 2026, by and between the NYLIM 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 INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • August 26th, 2026 • New York Life Investments Active ETF Trust

This Amendment to the Investment Advisory Agreement, is effective as of the 28th day of August 2026, between NYLIM Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series as set forth on Appendix A (each, a “Fund” and collectively, the “Funds”), and New York Life Investment Management LLC, a Delaware limited liability company (the “Advisor”).