0001999371-24-010693 Sample Contracts
AMENDED AND RESTATED INVESTMENT ADVISORY AGREEMENT NEW YORK LIFE INVESTMENTS ETF TRUST AND NEW YORK LIFE INVESTMENT MANAGEMENT LLCInvestment Advisory Agreement • August 27th, 2024 • New York Life Investments ETF Trust • New York
 Contract Type FiledAugust 27th, 2024 Company JurisdictionThis Investment Advisory Agreement (this “Agreement”) is made and entered into and is effective as of April 15, 2015, by and between New York Life Investments ETF Trust, a Delaware trust (the “Trust”), and New York Life Investment Management LLC, a Delaware limited liability company (the “Advisor”).
FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • August 27th, 2024 • New York Life Investments ETF Trust
 Contract Type FiledAugust 27th, 2024 CompanyTHIS 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.
AUTHORIZED PARTICIPANT AGREEMENT FOR New York Life Investments Active ETF Trust New York Life Investment ETF TrustAuthorized Participant Agreement • August 27th, 2024 • New York Life Investments ETF Trust • New York
 Contract Type FiledAugust 27th, 2024 Company JurisdictionThis 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 New York Life Investments Active ETF Trust and the New York Life Investments 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
FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • August 27th, 2024 • New York Life Investments ETF Trust
 Contract Type FiledAugust 27th, 2024 CompanyThis Amendment (“Amendment”) is an amendment to the Fund Administration and Accounting Agreement between The Bank of New York Mellon (“BNY Mellon”) and each entity listed on Exhibit A to the Agreement (“each a “Fund” and collectively, the “Funds”) dated October 8, 2008, as amended (the “Agreement”).
AMENDMENT TO TRANSFER AGENCY AND SERVICE AGREEMENTTransfer Agency and Service Agreement • August 27th, 2024 • New York Life Investments ETF Trust
 Contract Type FiledAugust 27th, 2024 CompanyThis Amendment (“Amendment”) dated August 28, 2024 (“Effective Date”) is by and between New York Life Investments ETF Trust and New York Life Investments Active ETF 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”).
AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENT NEW YORK LIFE INVESTMENTS ETF TRUST AND NEW YORK LIFE INVESTMENT MANAGEMENT LLCExpense Limitation Agreement • August 27th, 2024 • New York Life Investments ETF Trust • New York
 Contract Type FiledAugust 27th, 2024 Company JurisdictionThis Expense Limitation Agreement (this “Agreement”) is made and entered into as of August 23, 2022 between New York Life Investments 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 SECURITIES LENDING AUTHORIZATION AGREEMENTSecurities Lending Authorization Agreement • August 27th, 2024 • New York Life Investments ETF Trust
 Contract Type FiledAugust 27th, 2024 CompanyTHIS AMENDMENT TO SECURITIES LENDING AUTHORIZATION AGREEMENT (“Amendment”) is made as of August 20, 2024, 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”).
AMENDED AND RESTATED FEE WAIVER AGREEMENT NEW YORK LIFE INVESTMENTS ETF TRUST AND NEW YORK LIFE INVESTMENT MANAGEMENT LLCFee Waiver Agreement • August 27th, 2024 • New York Life Investments ETF Trust • New York
 Contract Type FiledAugust 27th, 2024 Company JurisdictionTHIS FEE WAIVER AGREEMENT (the “Agreement”) is effective as of August 31, 2022, between New York Life Investments ETF Trust, a Delaware statutory trust (the “Trust”), on behalf of its series listed on Schedule A (each a “Fund”), and New York Life Investment Management LLC, a Delaware limited liability company (the “Manager”).
AMENDMENT 13Distribution Agreement • August 27th, 2024 • New York Life Investments ETF Trust
 Contract Type FiledAugust 27th, 2024 CompanyThis amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of August 28, 2024 (the “Effective Date”):
AMENDMENT TO FUND ADMINISTRATION AND ACCOUNTING AGREEMENTFund Administration and Accounting Agreement • August 27th, 2024 • New York Life Investments ETF Trust
 Contract Type FiledAugust 27th, 2024 CompanyThis Amendment (“Amendment”) dated August 28, 2024 (“Effective Date”) is by and between New York Life Investments ETF Trust, on behalf of its series 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 CUSTODY AGREEMENTCustody Agreement • August 27th, 2024 • New York Life Investments ETF Trust
 Contract Type FiledAugust 27th, 2024 CompanyThis Amendment (“Amendment”) dated August 28,2024 (“Effective Date”) is by and between New York Life Investments ETF Trust, (the “Fund”) and The Bank of New York Mellon (“BNY Mellon”).
LICENSE AgreementLicense Agreement • August 27th, 2024 • New York Life Investments ETF Trust • New York
 Contract Type FiledAugust 27th, 2024 Company JurisdictionTHIS LICENSE AGREEMENT (the “Agreement”), dated as of August 28, 2024, (the “Effective Date”) is by and between New York Life Investment Management LLC, whose principal place of business is 51 Madison Avenue, New York, NY 10010, in its sole role as a provider of indexes to the Trust (defined below) (the “Index Provider”), and New York Life Investments ETF Trust, a Delaware statutory trust, for itself and on behalf of its series (collectively, the “Trust”).