IndexIQ Active ETF Trust 485BPOS

 

Exhibit (h)(3)(a)

 

AMENDMENT TO EXPENSE LIMITATION AGREEMENT

 

This amendment to the Expense Limitation Agreement dated as of June 29, 2022 (the “Agreement”), by and between IndexIQ Active ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series as set forth on Schedule A (each, a “Fund” and, collectively, the “Funds”), and IndexIQ Advisors LLC, a Delaware limited liability company (the “Advisor”) is effective as of May 1, 2024.

 

WHEREAS, the Advisor and the Trust desire to amend Schedule A of the Agreement to reflect the reflect the addition of IQ MacKay Securitized Income ETF; a series of the Trust, to the Agreement.

 

NOW, THEREFORE, the parties agree that Schedule A of the Agreement is hereby amended and restated in the form of Schedule A attached hereto.

 

This Amendment, the Agreement, and the attachments to this Amendment constitute the entire agreement between the parties and supersede all prior agreements and understandings between them relating to the subject matter hereof. No modification of the Agreement or this Amendment should be binding on either party unless it is in writing and signed on behalf of each party by a duly authorized representative. This Amendment may be executed in counterparts, each of which shall be deemed to be an original and each of which, taken together, shall be deemed to constitute one and the same instrument.

 

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized officers effective as of the date set forth above.

 

INDEXIQ ACTIVE ETF TRUST

INDEXIQ ADVISORS LLC 

   
By: /s/ Jack R. Benintende   By: /s/ Kirk C. Lehneis  
Name:  Jack R. Benintende Name:  Kirk C. Lehneis
Title:    Vice President  Title:    Chief Executive Officer 

 

 

 

 

SCHEDULE A

To

EXPENSE LIMITATION AGREEMENT

(As of May 1, 2024)

 

Funds and Operating Expense Limits

 

Fund   Operating Expense Limit   Effective Date
         
IQ CBRE Real Assets ETF   0.65%   March 31, 2023
IQ MacKay Municipal Insured ETF   0.30%   August 31, 2022
IQ MacKay Municipal Intermediate ETF   0.30%   August 31, 2022
IQ MacKay ESG Core Plus Bond ETF   0.39%   August 31, 2022
IQ MacKay California Municipal Intermediate ETF   0.35%   August 31, 2022
IQ MacKay ESG High Income ETF   0.40%   September 29, 2022
IQ Winslow Large Cap Growth ETF   0.60%   April 8, 2022
IQ Winslow Focused Large Cap Growth ETF   0.65%   April 8, 2022
IQ MacKay Securitized Income ETF   0.40%   May 1, 2024

 

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