NYLIM ACTIVE ETF TRUST 485BPOS
Exhibit (g)(1)(b)
Execution
AMENDMENT
TO
CUSTODY AGREEMENT
This Amendment (“Amendment”) dated September 16, 2026 (the “Effective Date”) is by and between NYLIM Active ETF Trust (formerly, New York Life Investments Active ETF Trust), (the “Trust”), on behalf of its series listed on Schedule II to the Agreement (as defined below) and The Bank of New York Mellon (“BNY Mellon”).
BACKGROUND:
| A. | BNY Mellon and NYLIM Active ETF Trust, (at the time named, IndexIQ Active ETF Trust) entered into a Custody Agreement dated as of November 18, 2013, as amended to date, (the “Agreement”) relating to BNY Mellon’s provision of services to the Trust and its portfolios identified on Schedule II (each a “Series”). |
| B. | The parties desire to amend the Agreement as set forth herein. |
TERMS:
The parties hereby agree that:
| 1. | All references to “New York Life Investments Active ETF Trust” shall be replaced with “NYLIM Active ETF Trust”. |
| 2. | Schedule II to the Agreement is hereby deleted in its entirety and replaced with Schedule II attached hereto. |
| 3. | Miscellaneous. |
| (a) | Capitalized terms not defined in this Amendment shall remain in full force and effect. In the event of a conflict between the terms hereof and the Agreement, as to services described in this Amendment, this Amendment shall control. |
| (b) | As hereby amended and supplemented, the Agreement shall remain in full force and effect. |
| (c) | The Agreement, as amended hereby, constitutes the complete understanding and agreement of the parties with respect to the subject matter thereof and supersedes all prior communications with respect thereto. |
| (d) | This Amendment may be executed in one or more counterparts and such execution may occur by manual signature on a copy of the Amendment physically delivered, on a copy of the Amendment transmitted by facsimile transmission or on a copy of the Amendment transmitted as an imaged document attached to an email, or by "Electronic Signature", which is hereby defined to mean inserting an image, representation or symbol of a signature into an electronic copy of the Amendment by electronic, digital or other technological methods. Each counterpart executed in accordance with the foregoing shall be deemed an original, with all such counterparts together constituting one and the same instrument. The exchange of executed counterparts of this Amendment or of executed signature pages to counterparts of this Amendment, in either case by facsimile transmission or as an imaged document attached to an email transmission, shall constitute effective execution and delivery of this Amendment and may be used for all purposes in lieu of a manually executed and physically delivered copy of this Amendment. |
Execution
| (e) | This Amendment shall be governed by the laws of the State of New York, without regard to its principles of conflicts of laws. |
IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment to be executed as of the Effective Date by its duly authorized representative designated below. An authorized representative, if executing this Amendment by Electronic Signature, affirms authorization to execute this Amendment by Electronic Signature and that the Electronic Signature represents an intent to enter into this Amendment and an agreement with its terms.
| NYLIM ACTIVE ETF TRUST | ||
| On behalf of each of its Series identified on Schedule II attached to the Agreement | ||
| By: | /s/ Jack R. Benintende | |
| Name: | Jack R. Benintende | |
| Title: | Vice President | |
| THE BANK OF NEW YORK MELLON | ||
| By: | /s/ Michael Gronsky | |
| Name: | Michael Gronsky | |
| Title: | Senior Vice President | |
| Date: | September 18, 2026 | |
Execution
SCHEDULE II
(Amended and Restated as of September 16, 2026)
NYLIM
CBRE Real Estate & Infrastructure ETF
NYLIM MacKay California Muni Intermediate ETF
NYLIM MacKay Core Plus Bond ETF
NYLIM
MacKay High Income ETF
NYLIM MacKay Muni Insured ETF
NYLIM MacKay Muni Intermediate ETF
NYLIM MacKay Securitized Income ETF
NYLIM
Winslow Focused Large Cap Growth ETF
NYLIM Winslow Large Cap Growth ETF
NYLIM MacKay Muni Short Duration ETF
NYLIM MacKay Muni Allocation ETF
NYLIM International Small-Mid Cap Equity ETF
NYLIM Investment Grade CLO ETF
NYLIM MacKay Muni High Income ETF