Exhibit (e)(1)(a)

 

CONFIDENTIAL

 

AMENDMENT 5

 

This amendment (the “Amendment”) between the parties signing below (“Parties”) amends the Existing Agreement as of June 30, 2022 (the “Effective Date”):

 

Term Means
“Existing Agreement” The Distribution Agreement between ALPS and the Trust dated April 16, 2018, as amended

“ALPS”

 

ALPS Distributors, Inc.
“Trust” IndexIQ Active ETF Trust

 

Except as amended hereby, all terms of the Existing Agreement remain in full force and effect. This Amendment includes the amendments in Schedule A and general terms in Schedule B.

 

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives.

 

ALPS DISTRIBUTORS, INC.   INDEXIQ ACTIVE ETF TRUST

 

By:

/s/ Stephen Kyllo  

 

By:

/s/ Kirk Lehneis

 

Name:

Stephen Kyllo  

 

Name:

Kirk C. Lehneis

 

Title:

SVP & Director  

 

Title:

President

 

 

 

 

Schedule A to this Amendment 

Amendments

 

As of the Effective Date, the Existing Agreement is amended as follows:

 

1.Appendix A of Exhibit 1 to the Agreement is hereby deleted in its entirety and replaced with the following new Appendix A:

 

APPENDIX A

 

LIST OF FUNDS

 

IQ MacKay Municipal Insured ETF 

IQ MacKay Municipal Intermediate ETF 

IQ MacKay Municipal Short Duration ETF 

IQ Ultra Short Duration ETF 

IQ MacKay ESG Core Plus Bond ETF 

IQ MacKay California Municipal Intermediate ETF 

IQ Winslow Large Cap Growth ETF 

IQ Winslow Focused Large Cap Growth ETF 

IQ MacKay Multi-Sector Income ETF

 

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Schedule B to this Amendment  

General Terms

 

1.Capitalized terms not defined herein shall have the meanings given to them in the Existing Agreement.

 

2.The Parties’ duties and obligations are governed by and limited to the express terms and conditions of this Amendment, and shall not be modified, supplemented, amended or interpreted in accordance with, any industry custom or practice, or any internal policies or procedures of any Party. This Amendment (including any attachments, schedules and addenda hereto), along with the Existing Agreement, as amended, contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the Parties with respect thereto.

 

3.This Amendment may be executed in counterparts, each of which when so executed will be deemed to be an original. Such counterparts together will constitute one agreement. Signatures may be exchanged via facsimile or electronic mail and signatures so exchanged shall be binding to the same extent as if original signatures were exchanged.

 

4.This Amendment and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the same jurisdiction as the Existing Agreement.

 

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