EX-99.(H)(5)(A) 9 tm2135117d2_exh5a.htm EXHIBIT (H)(5)(A)

 

Exhibit (h)(5)(a)

 

AMENDMENT TO THE EXPENSE LIMITATION AGREEMENT

 

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”).

 

WHEREAS, the Trust and the Manager are parties to the Expense Limitation Agreement dated August 31, 2018 (the “Agreement”); and

 

WHEREAS, the Trust and the Manager wish to amend Schedule A of the Agreement;

 

NOW, THEREFORE, the Trust and the Manager hereby agree as follows:

 

1.Schedule A is hereby amended by deleting it in its entirety and replacing it with the Schedule attached hereto.

 

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective officers thereunto duly authorized and their respective corporate seals to be hereunto affixed, as of the day and year first above written.

 

  INDEXIQ ACTIVE ETF TRUST,
  ON BEHALF OF THE FUNDS
   
   
  By: Jonathan Zimmerman
  Title: Executive Vice President
     
  INDEXIQ ADVISORS LLC
   
   
  By: Kirk C. Lehneis
  Title: Chief Executive Officer

 

 

 

SCHEDULE A

 

Funds and Operating Expense Limits

 

Fund  Operating Expense Limit   Limit Expiration
IQ MacKay Municipal Insured ETF   0.30%  August 31, 2022
         
IQ MacKay Municipal Intermediate ETF   0.30%  August 31, 2022
         
IQ MacKay Municipal Short Duration ETF   0.30%  August 31, 2022
         
IQ Ultra Short Duration ETF   0.24%  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

 

2