FILE NO. 333-160918
FILE NO. 811-22321
PART C. OTHER INFORMATION
ITEM
28. EXHIBITS
a. Declaration of Trust
1. Certificate
of Trust as
filed with the
State of Delaware
on April 28,
2009 – Previously
filed as Exhibit
(a)(1) to Registrant’s
Initial Registration Statement on Form
N-1A on July 30, 2009*
2. Amended
and Restated Declaration of Trust dated as of August 28, 2026 – Filed herewith*
b. Amended and Restated By-Laws dated as of September 24, 2026 – Filed herewith*
c. Instruments
Defining Rights of Security Holders
1. The Registrant
does not issue Certificates. See Article III, “Shares,” and Article V, “Shareholders’ Voting
Powers and Meetings” of Declaration of
Trust of the
Registrant. See Above.
See Article III,
“Meetings of Shareholders,”
and Article VIII,
“Inspection of Records
and Reports” of Registrant’s Bylaws. See Above*
d. Investment
Advisory Contracts
1. Amended
and Restated Management Agreement dated February 27, 2015 – Previously filed as Exhibit (d)(1) to
Post-Effective Amendment No. 73 to the Trust’s Registration
Statement on February 27, 2015*
a. Amendment dated
June 18, 2015 – Previously filed as Exhibit (d)(1)(a) to Post-Effective Amendment No. 82 to the
Trust’s Registration Statement on June 17, 2015*
b. Amendment dated
June 1, 2015 – Previously filed as Exhibit (d)(1)(b) to Post-Effective Amendment No. 85 to the
Trust’s Registration Statement on August 28, 2015*
c. Amendment
dated February 29,
2016 – Previously
filed as Exhibit
(d)(1)(c) to Post-Effective
Amendment No. 89
to the Trust’s Registration
Statement on February 29, 2016*
d. Amendment
dated March 25,
2016 – Previously
filed as Exhibit
(d)(1)(d) to Post-Effective
Amendment No. 94
to the Trust’s Registration
Statement on June 20, 2016*
e. Amendment
dated June 30,
2016 – Previously
filed as Exhibit
(d)(1)(e) to Post-Effective
Amendment No. 115
to the Trust’s
Registration Statement on August 10, 2017*
f. Amendment dated
July 29, 2016 – Previously filed as Exhibit (d)(1)(f) to Post-Effective Amendment No. 115 to the
Trust’s Registration Statement on August 10, 2017*
g. Amendment
dated February 28,
2017 – Previously
filed as Exhibit
(d)(1)(g) to Post-Effective
Amendment No. 115
to the Trust’s
Registration Statement on August 10, 2017*
h. Amendment
dated March 31,
2017 – Previously
filed as Exhibit
(d)(1)(h) to Post-Effective
Amendment No. 115
to the Trust’s Registration
Statement on August 10, 2017*
i. Amendment dated
May 8, 2017 – Previously filed as Exhibit (d)(1)(I) to Post-Effective Amendment No. 115 to the
Trust’s Registration Statement on August 10, 2017*
j. Amendment dated
August 4, 2017 – Previously filed as Exhibit (d)(1)(j) to Post-Effective Amendment No. 115 to the
Trust’s Registration Statement on August 10, 2017*
k. Amendment
dated November 15, 2017 – Previously filed as Exhibit (d)(1)(k) to Post-Effective Amendment No. 120
to the Trust’s Registration
Statement on November 14, 2017*
l. Amendment
dated February 28,
2018 – Previously
filed as Exhibit
(d)(1)(l) to Post-Effective
Amendment No. 123
to the Trust’s Registration
Statement on February 28, 2018*
m. Amendment
dated May 22, 2018 – Previously filed as Exhibit (d)(1)(m) to Post-Effective Amendment No. 130 to the
Trust’s Registration Statement on October 22, 2018*
n. Amendment
dated November 30, 2018 - Previously filed as Exhibit (d)(1)(n) to Post-Effective Amendment No. 132 to
the Trust’s Registration Statement on February
15, 2019*
o. Amendment
dated February 28,
2019 - Previously
filed as Exhibit
(d)(1)(o) to Post-Effective
Amendment No. 132
to the Trust’s
Registration Statement on February 15, 2019*
p. Amendment
dated April 1,
2019 – Previously
filed as Exhibit
(d)(1)(p) to Post-Effective
Amendment No. 139
to the Trust’s Registration
Statement on June 26, 2019*
q. Amendment dated
June 14, 2019 – Previously filed as Exhibit (d)(1)(q) to Post-Effective Amendment No. 139 to the
Trust’s Registration Statement on June 26, 2019*
r. Amendment dated
June 28, 2019 – Previously filed as Exhibit (d)(1)(r) to Post-Effective Amendment No. 139 to the
Trust’s Registration Statement on June 26, 2019*
s. Amendment
dated December 5, 2019 – Previously filed as Exhibit (d)(1)(s) to Post-Effective Amendment No. 144
to the Trust's Registration Statement on December 18,
2019*
t. Amendment
dated December 18,
2019 – Previously
filed as Exhibit
(d)(1)(t) to Post-Effective
Amendment No. 144
to the Trust's Registration
Statement on December 18, 2019*
u. Amendment
dated February 26, 2020 – Previously filed as Exhibit (d)(1)(u) to Post-Effective Amendment No. 148
to the Trust’s Registration Statement on February 25, 2020*
v. Amendment
dated February 28, 2020 – Previously filed as Exhibit (d)(1)(v) to Post-Effective Amendment No. 148
to the Trust’s Registration Statement on February 25, 2020*
w. Amendment dated May 26, 2020 – Previously filed as Exhibit (d)(1)(w) to Post-Effective
Amendment No. 154 to the Trust’s Registration Statement on June 25, 2020*
x. Amendment dated June 30, 2020 – Previously filed as Exhibit (d)(1)(x) to Post-Effective
Amendment No. 154 to the Trust’s Registration Statement on June 25, 2020*
y. Amendment dated July 31, 2020 – Previously filed as Exhibit (d)(1)(y) to Post-Effective
Amendment No. 158 to the Trust’s Registration Statement on August 28, 2020*
z. Amendment dated August 31, 2020 – Previously filed as Exhibit (d)(1)(z) to Post-Effective
Amendment No. 158 to the Trust’s Registration Statement on August 28, 2020*
aa. Amendment
dated February 28, 2021 – Previously filed as Exhibit (d)(1)(aa) to Post-Effective Amendment No. 163
to the Trust’s Registration Statement on February 24, 2021*
bb. Amendment
dated March 5, 2021 – Previously filed as Exhibit (d)(1)(bb) to Post-Effective Amendment No. 164 to
the Trust’s Registration Statement on March 23, 2021*
cc. Amendment
dated April 26, 2021 – Previously filed as Exhibit (d)(1)(cc) to Post-Effective Amendment No. 167 to
the Trust’s Registration Statement filed on August 26, 2021*
dd. Amendment dated August 28, 2021 – Previously filed as Exhibit (d)(1)(dd) to
Post-Effective Amendment No. 167 to the Trust’s Registration Statement filed on August 26, 2021*
ee. Amendment
dated September 30, 2021 – Previously filed as Exhibit (d)(1)(ee) to Post-Effective Amendment No. 168
to the Trust’s Registration Statement filed on September 30, 2021*
ff. Amendment dated November 30, 2021 – Previously filed as Exhibit (d)(1)(ff) to
Post-Effective Amendment No. 173 to the Trust’s Registration Statement filed on March 4, 2022*
gg. Amendment dated February 28, 2022 – Previously filed as Exhibit (d)(1)(gg) to
Post-Effective Amendment No. 173 to the Trust’s Registration Statement filed on March 4, 2022*
hh. Amendment dated May 30, 2023 – Previously filed as Exhibit (d)(1)(hh) to Post-Effective
Amendment No. 183 to the Trust’s Registration Statement filed on May 30, 2023*
ii. Amendment
dated July 24, 2023 – Previously filed as Exhibit (d)(1)(ii) to Post-Effective Amendment No. 185 to
the Trust’s Registration Statement filed on July 24, 2023*
jj. Amendment
dated August 28, 2023 – Previously filed as Exhibit (d)(1)(jj) to Post-Effective Amendment No. 187
to the Trust’s Registration Statement filed on August 28, 2023*
kk. Amendment
dated February 28, 2024 – Previously filed as Exhibit (d)(1)(kk) to Post-Effective Amendment No. 190
to the Trust’s Registration Statement filed on February 26, 2024*
ll. Amendment
dated May 27, 2024 – Previously filed as Exhibit (d)(1)(ll) to Post-Effective Amendment No. 193 to
the Trust’s Registration Statement filed on May 24, 2024*
mm. Amendment
dated February 28, 2025 – Previously filed as Exhibit (d)(1)(mm) to Post-Effective Amendment No. 196
to the Trust’s Registration Statement filed on February 25, 2025*
nn. Amendment
dated February 28, 2026 – Previously filed as an Exhibit to Post-Effective Amendment No. 211 to the
Trust’s Registration Statement on February 26, 2026*
oo. Amendment
dated October 8, 2026 – Filed herewith
2. Amended and Restated
Subadvisory Agreement between New York Life Investment Management LLC and Epoch Investment
Partners, Inc. dated March 31, 2017 – Previously filed as Exhibit (d)(2) to
Post-Effective Amendment No. 115 to the Trust’s Registration
Statement on August 10, 2017*
a. Amendment
dated May 8,
2017 – Previously
filed as Exhibit
(d)(2)(a) to Post-Effective
Amendment No. 115
to the Trust’s
Registration Statement on August 10, 2017*
b. Amendment
dated February 28,
2019 – Previously
filed as Exhibit
(d)(2)(b) to Post-Effective
Amendment No. 139
to the Trust’s
Registration Statement on June 26, 2019*
c. Amendment dated
April 1, 2019 – Previously filed as Exhibit (d)(2)(c) to Post-Effective Amendment No. 139 to the
Trust’s Registration Statement on June 26, 2019*
d. Amendment
dated May 1, 2019 – Previously filed as Exhibit (d)(2)(d) to Post-Effective Amendment No. 139 to the Trust’s Registration Statement on June 26, 2019*
e. Amendment
dated April 26, 2021 – Previously filed as Exhibit (d)(2)(e) to Post-Effective Amendment
No. 167 to the Trust’s Registration Statement filed on August 26, 2021*
f. Amendment
dated May 1, 2026 – Previously filed as Exhibit (d)(2)(f) to Post-Effective Amendment No. 202 to the
Trust’s Registration Statement filed on August 24, 2026*
g. Amendment dated October 8, 2026 – Filed herewith
3. Amended
and Restated Subadvisory
Agreement between New
York Life Investment
Management LLC and
MacKay Shields LLC
dated January 1,
2018 – Previously
filed as Exhibit
(d)(3) to Post-Effective
Amendment No. 123
to the Trust’s
Registration Statement on February 28,
2018*
a. Amendment
dated February 28,
2018 – Previously
filed as Exhibit
(d)(3)(a) to Post-Effective
Amendment No. 123
to the Trust’s Registration
Statement on February 28, 2018*
b. Amendment
dated May 1, 2018 – Previously filed as Exhibit (d)(3)(b) to Post-Effective Amendment No. 130 to the
Trust's Registration Statement on October 22, 2018*
c. Amendment
dated May 22,
2018 – Previously
filed as Exhibit
(d)(3)(c) to Post-Effective
Amendment No. 130
to the Trust's
Registration Statement on October 22, 2018*
d. Amendment
dated November 30, 2018 - Previously filed as Exhibit (d)(3)(d) to Post-Effective Amendment No. 132 to
the Trust’s Registration Statement on February
15, 2019*
e. Amendment
dated February 28,
2019 – Previously
filed as Exhibit
(d)(3)(e) to Post-Effective
Amendment No. 139
to the Trust's
Registration Statement on June 26, 2019*
f. Amendment dated
April 1, 2019 – Previously filed as Exhibit (d)(3)(f) to Post-Effective Amendment No. 139 to the
Trust's Registration Statement on June 26, 2019*
g. Amendment dated
May 1, 2019 – Previously filed as Exhibit (d)(3)(g) to Post-Effective Amendment No. 139 to the
Trust's Registration Statement on June 26, 2019*
h. Amendment dated
June 21, 2019 – Previously filed as Exhibit (d)(3)(h) to Post-Effective Amendment No. 139 to the
Trust's Registration Statement on June 26, 2019*
i. Amendment dated
June 28, 2019 – Previously filed as Exhibit (d)(3)(i) to Post-Effective Amendment No. 139 to the
Trust's Registration Statement on June 26, 2019*
j. Amendment
dated February 26, 2020 – Previously filed as Exhibit (d)(3)(j) to Post-Effective Amendment
No. 148 to the Trust’s Registration Statement on February 25, 2020*
k. Amendment
dated February 28, 2020 – Previously filed as Exhibit (d)(3)(k) to Post-Effective Amendment
No. 148 to the Trust’s Registration Statement on February 25, 2020*
l. Amendment
dated August 31, 2020 – Previously filed as Exhibit (d)(3)(l) to Post-Effective Amendment No. 158 to
the Trust’s Registration Statement on August 28, 2020*
m. Amendment
dated February 28, 2021 – Previously filed as Exhibit (d)(3)(m) to Post-Effective Amendment No. 164
to the Trust’s Registration Statement on March 23, 2021*
n. Amendment
dated March 5, 2021 – Previously filed as Exhibit (d)(3)(n) to Post-Effective Amendment No. 164 to
the Trust’s Registration Statement on March 23, 2021*
o. Amendment
dated April 26, 2021 – Previously filed as Exhibit (d)(3)(o) to Post-Effective Amendment
No. 167 to the Trust’s Registration Statement filed on August 26, 2021*
p. Amendment
dated May 1, 2021 – Previously filed as Exhibit (d)(3)(p) to Post-Effective Amendment
No. 167 to the Trust’s Registration Statement filed on August 26, 2021*
q. Amendment
dated August 28, 2021 – Previously filed as Exhibit (d)(3)(q) to Post-Effective Amendment No. 168 to
the Trust’s Registration Statement filed on September 30, 2021*
r. Amendment
dated November 30, 2021 – Previously filed as Exhibit (d)(3)(r) to Post-Effective Amendment
No. 173 to the Trust’s Registration Statement filed on March 4, 2022*
s. Amendment
dated February 28, 2022 – Previously filed as Exhibit (d)(3)(s) to Post-Effective Amendment
No. 173 to the Trust’s Registration Statement filed on March 4, 2022*
t. Amendment
dated May 1, 2022 – Previously filed as Exhibit (d)(3)(t) to Post-Effective Amendment No. 188 to the
Trust’s Registration Statement filed on October 25, 2023*
u. Amendment
dated August 28, 2023 – Previously filed as Exhibit (d)(3)(u) to Post-Effective Amendment No. 188 to
the Trust’s Registration Statement filed on October 25, 2023*
v. Amendment
dated September 8, 2023 – Previously filed as Exhibit (d)(3)(v) to Post-Effective Amendment No. 188
to the Trust’s Registration Statement filed on October 25, 2023*
w. Amendment
dated February 28, 2024 – Previously filed as Exhibit (d)(3)(w) to Post-Effective Amendment
No. 190 to the Trust’s Registration Statement filed on February 26, 2024*
x. Amendment
dated May 1, 2024 – Previously filed as Exhibit (d)(3)(x) to Post-Effective Amendment No. 193 to the
Trust’s Registration Statement filed on May 24, 2024*
y. Amendment
dated May 27, 2024 – Previously filed as Exhibit (d)(3)(y) to Post-Effective Amendment No. 194 to the
Trust’s Registration Statement filed on July 22, 2024*
z. Amendment
dated February 28, 2025 – Previously filed as Exhibit (d)(3)(z) to Post-Effective Amendment No. 196
to the Trust’s Registration Statement filed on February 25, 2025*
aa. Amendment
dated February 28, 2025 – Previously filed as Exhibit (d)(3)(aa) to Post-Effective Amendment No. 196
to the Trust’s Registration Statement filed on February 25, 2025*
bb. Amendment
dated February 28, 2026 – Previously filed as Exhibit (d)(3)(bb) to Post-Effective Amendment
No. 211 to the Trust’s Registration Statement on February 26, 2026*
cc. Amendment
dated May 1, 2026 – Previously filed as Exhibit (d)(2)(f) to Post-Effective Amendment No. 202 to the
Trust’s Registration Statement filed on August 24, 2026*
dd. Amendment dated August 28, 2026 – Filed herewith*
4. Amended
and Restated Subadvisory
Agreement between New
York Life Investment
Management LLC and
Candriam dated November 28, 2025 – Previously
filed as an Exhibit to Post-Effective Amendment No. 211 to the Trust’s Registration Statement on February
26, 2026*
a. Amendment dated October 8, 2026 – Filed herewith*
5. Subadvisory
Agreement between New
York Life Investment
LLC and NYL
Investors LLC dated
May 1, 2014
– Previously filed
as Exhibit (d)(8) to Post-Effective Amendment No. 68 to the Trust’s Registration
Statement on July 11, 2014*
a. Amendment
dated December 5, 2019 – Previously filed as Exhibit (d)(5)(a) to Post-Effective Amendment No. 144
to the Trust's Registration Statement on December 18,
2019*
b. Amendment
dated March 5, 2021 – Previously filed as Exhibit (d)(5)(b) to Post-Effective Amendment No. 168 to
the Trust’s Registration Statement filed on September 30, 2021*
6. Subadvisory
Agreement between New
York Life Investment
LLC and Cushing
Asset Management LP d/b/a NXG Investment
Management dated July
10, 2026 – Previously filed
as Exhibit (d)(6) to Post-Effective Amendment No. 202 to the Trust’s Registration Statement filed on
August 24, 2026*
7. Management Agreement
dated July 2, 2018 on behalf of MainStay U.S. Government Liquidity Fund – Previously filed as Exhibit
(d)(8) to Amendment No. 130 to the Trust’s Registration Statement on July 2,
2018*
8. Subadvisory
Agreement between New York Life Investment Management LLC and NYL Investors LLC dated July 2, 2018 on
behalf of the
MainStay U.S. Government
Liquidity Fund –
Previously filed as
Exhibit (d)(9) to
Post-Effective Amendment No.
128 on August
16, 2018*
9. Subadvisory
Agreement between New York Life Investment Management LLC and CBRE Clarion Securities LLC dated February
21, 2020 – Previously filed as Exhibit (d)(9) to Post-Effective Amendment No. 147 on February 24, 2020*
a. Amendment dated August 28, 2023 – Previously filed as Exhibit (d)(9)(a) to Post-Effective
Amendment No. 187 to the Trust’s Registration Statement filed on August 28, 2023*
10. Subadvisory Agreement between New York Life Investment Management LLC and Wellington
Management Company LLC dated March 5, 2021 – Previously filed as Exhibit (d)(10) to Post-Effective
Amendment No. 164 to the Trust’s Registration Statement on March 23, 2021*
a. Amendment
dated May 1, 2023 – Previously filed as Exhibit (d)(10)(a) to Post-Effective Amendment No. 183 to the
Trust’s Registration Statement on May 30, 2023*
b. Amendment
dated August 12, 2024 – Previously filed as Exhibit (d)(10(b) to Post-Effective Amendment No. 196 to
the Trust’s Registration Statement on February 25, 2025*
11. Subadvisory
Agreement between New York Life Management LLC and Fiera Capital Inc. dated May 30, 2023 – Previously
filed as Exhibit (d)(12) to Post-Effective Amendment No. 183 on May 30, 2023*
12. Subadvisory
Agreement between New York Life Investment Management LLC and PineStone Asset Management Inc. dated July
24, 2023 – Previously filed as Exhibit (d)(13) to Post-Effective Amendment No. 185 on July 24, 2023*
e. Underwriting
Contracts
1. Amended and Restated
Distribution Agreement dated August 1, 2014 between the Registrant and NYLIFE Distributors LLC
– Previously filed as
Exhibit (e)(1) to
Post-Effective Amendment No.
73 to the
Trust’s Registration Statement
on February 27,
2015*
2. Form
of Soliciting Dealer
Agreement – Previously
filed as Exhibit
(e)(2) to Post-Effective
Amendment No. 89
to the Trust’s Registration
Statement on February 29, 2016*
f. Bonus
or Profit Sharing Contracts – Inapplicable
g. Custodian
Agreements
1. Global
Custody Agreement with JPMorgan Chase Bank, National Association dated June 22, 2020 – Previously
filed as Exhibit (g)(4) to Post-Effective Amendment No. 164 to the Trust’s Registration Statement on
March 23, 2021*
a. Amendment dated May 1, 2021 – Previously filed as Exhibit (g)(4)(a) to Post-Effective
Amendment No. 168 to the Trust’s Registration Statement filed on September 30, 2021*
b. Amendment dated September 9, 2021 – Previously filed as Exhibit (g)(4)(b) to
Post-Effective Amendment No. 168 to the Trust’s Registration Statement filed on September 30, 2021*
c. Amendment dated March 30, 2023 – Previously filed as Exhibit (g)(4)(c) to Post-Effective
Amendment No. 188 to the Trust’s Registration Statement on October 25, 2023*
d. Amendment dated May 16, 2023 – Previously filed as Exhibit (g)(4)(d) to Post-Effective
Amendment No. 188 to the Trust’s Registration Statement on October 25, 2023*
e. Amendment
dated January 3, 2024 to the Global Custody Agreement with JP Morgan – Previously filed as Exhibit
(g)(4)(e) to Post Effective Amendment No. 193 to the Trust’s Registration Statement on May 24, 2024*
f. Amendment
dated April 9, 2024 to the Global Custody Agreement with JP Morgan – Previously filed as Exhibit (g)(4)(f)
to Post-Effective Amendment No. 193 to the Trust’s Registration Statement on May 24, 2024*
g. Amendment
dated July 5, 2024 to the Global Custody Agreement with JP Morgan – Previously filed as Exhibit (g)(1)(g)
to Post-Effective Amendment No. 196 to the Trust’s Registration Statement on February 25, 2025*
h. Amendment
dated September 5, 2024 to the Global Custody Agreement with JP Morgan – Previously filed as Exhibit
(g)(1)(h) to Post-Effective Amendment No. 196 to the Trust’s Registration Statement on February 25,
2025*
i. Amendment
dated December 18, 2024 to the Global Custody Agreement with JP Morgan – Previously filed as Exhibit
(g)(1)(i) to Post-Effective Amendment No. 196 to the Trust’s Registration Statement on February 25,
2025*
h. Other
Material Contracts
1. Transfer Agency Agreements
a. Amended and Restated Transfer
Agency and
Service Agreement
with NYLIM
Service Company
LLC dated
October 1,
2008 – Previously filed
with Pre-Effective Amendment
No. 2
to the
Trust’s Registration Statement
on October
30, 2009*
i. Amendment
dated November 12,
2009 – Previously
filed as Exhibit
(h)(1)(a)(i) to Post-Effective
Amendment No. 9 to
the Trust’s Registration Statement on February
28, 2011*
ii. Amendment
dated November 24,
2009 – Previously
filed as Exhibit
(h)(1)(a)(ii) to Post-Effective
Amendment No. 9 to
the Trust’s Registration Statement on February
28, 2011*
iii. Amendment
dated February 26,
2010 – Previously
filed as Exhibit
(h)(1)(a)(iii) to Post-Effective
Amendment No. 9 to
the Trust’s Registration Statement on February
28, 2011*
iv. Amendment
dated March 30, 2010 – Previously filed as Exhibit (h)(1)(a)(iv) to Post-Effective Amendment No. 9
to the Trust’s Registration
Statement on February 28, 2011*
v. Amendment
dated January 1,
2011 – Previously
filed as Exhibit
(h)(1)(a)(v) to Post-Effective
Amendment No. 9 to
the Trust’s Registration Statement on February
28, 2011*
vi. Amendment
dated January 1, 2012 – Previously filed as Exhibit (h)(1)(a)(vi) to Post-Effective Amendment No. 40
to the Trust’s Registration
Statement on February 28, 2013*
vii. Amendment
dated January 1,
2013 – Previously
filed as Exhibit
(h)(1)(a)(vii) to Post-Effective
Amendment No. 51
to the Trust’s Registration
Statement on June 17, 2013*
viii. Amendment
dated July 11,
2014 – Previously
filed as Exhibit
(h)(1)(a)(viii) to Post-Effective
Amendment No. 73
to the Trust’s Registration
Statement on February 27, 2015*
ix. Amendment
dated June 18,
2015 – Previously
filed as Exhibit
(h)(1)(a)(ix) to Post-Effective
Amendment No. 85
to the Trust’s Registration
Statement on August 28, 2015*
x. Amendment
dated February 29,
2016 – Previously
filed as Exhibit
(h)(1)(a)(x) to Post-Effective
Amendment No. 94
to the Trust’s
Registration Statement on
June 20, 2016*
xi. Amendment dated
June 30,
2016 –
Previously filed
as Exhibit
(h)(1)(a)(xi) to
Post-Effective Amendment
No. 100
to the
Trust’s Registration Statement on September 12,
2016*
xii. Amendment
dated March 13,
2017 – Previously
filed as Exhibit
(h)(1)(a)(xii) to Post-Effective
Amendment No. 115
to the Trust’s Registration
Statement on August 10, 2017*
xiii. Amendment
dated April 11,
2017 – Previously
filed as Exhibit
(h)(1)(a)(xiii) to Post-Effective
Amendment No. 115
to the Trust’s Registration
Statement on August 10, 2017*
xiv. Amendment
dated May 8,
2017 – Previously
filed as Exhibit
(h)(1)(a)(xiv) to Post-Effective
Amendment No. 115
to the Trust’s Registration
Statement on August 10, 2017*
xv. Amendment
dated November 15,
2017 – Previously
filed as Exhibit
(h)(1)(a)(xv) to Post-Effective
Amendment No. 120
to the Trust’s Registration Statement on
November 14, 2017*
xvi. Amendment
dated February 28, 2018 – Previously filed as Exhibit (h)(1)(a)(xvi) to Post-Effective Amendment No.
123 to the Trust’s Registration
Statement on February 28, 2018*
xvii. Amendment
dated May 22, 2018 – Previously filed as Exhibit (h)(1)(a)(xvii) to Post-Effective Amendment No. 130
to the Trust's Registration
Statement on October 22, 2018*
xviii. Amendment
dated July 2, 2018 – Previously filed as Exhibit (h)(1)(a)(xvii) to Amendment No. 130 to the
Trust’s Registration Statement on July 2, 2018*
xix. Amendment dated
November 30,
2018 –
Previously filed
as Exhibit
(h)(1)(a)(xix) to
Post-Effective Amendment
No. 132
to the Trust’s Registration Statement on February 15,
2019*
xx. Amendment
dated February 28,
2019 – Previously
filed as Exhibit
(h)(1)(a)(xx) to Post-Effective
Amendment No. 132
to the Trust’s Registration Statement on
February 15, 2019*
xxi. Amendment
dated April 1,
2019 – Previously
filed as Exhibit
(h)(1)(xxi) to Post-Effective
Amendment No. 139
to the Trust's Registration
Statement on June 26, 2019*
xxii. Amendment
dated June 14,
2019 – Previously
filed as Exhibit
(h)(1)(xxii) to Post-Effective
Amendment No. 139
to the Trust's Registration
Statement on June 26, 2019*
xxiii. Amendment
dated November 1, 2019 – Previously filed as Exhibit (h)(1)(a)(xxiii) to Post-Effective Amendment No.
144 to the Trust's Registration
Statement on December 18, 2019*
xxiv. Amendment
dated February 26, 2020 – Previously filed as Exhibit (h)(1)(a)(xxiv) to Post-Effective
Amendment No. 148 to the Trust’s Registration Statement on February 25, 2020*
xxv. Amendment
dated May 1, 2020 – Previously filed as Exhibit (h)(1)(a)(xxv) to Post-Effective
Amendment No. 154 to the Trust’s Registration Statement on June 25, 2020*
xxvi. Amendment
dated May 22, 2020 – Previously filed as Exhibit (h)(1)(a)(xxvi) to Post-Effective
Amendment No. 154 to the Trust’s Registration Statement on June 25, 2020*
xxvii. Amendment dated June 30, 2020 – Previously filed as Exhibit
(h)(1)(a)(xxvii) to Post-Effective Amendment No. 154 to the Trust’s Registration Statement on June
25, 2020*
xxviii. Amendment dated September 30, 2020 – Previously filed as Exhibit (h)(1)(a)(xxviii)
to Post-Effective Amendment No. 161 to the Trust’s Registration Statement on September 30, 2020*
xxix. Amendment dated February 28, 2021 – Previously filed as Exhibit (h)(1)(a)(xxix)
to Post-Effective Amendment No. 163 to the Trust’s Registration Statement on February 24, 2021*
xxx. Amendment
dated September 30, 2021 – Previously filed as Exhibit (h)(1)(a)(xxx) to Post-Effective Amendment No.
168 to the Trust’s Registration Statement filed on September 30, 2021*
xxxi. Amendment
dated October 26, 2021 – Previously filed as Exhibit (h)(1)(a)(xxxi) to Post-Effective Amendment No.
188 to the Trust’s Registration Statement on October 25, 2023*
xxxii. Amendment dated February 28, 2022 – Previously filed as Exhibit
(h)(1)(a)(xxx) to Post-Effective Amendment No. 173 to the Trust’s Registration Statement filed on March
4, 2022*
xxxiii. Amendment dated January 1, 2023 – Previously filed as Exhibit (h)(1)(a)(xxxii)
to Post-Effective Amendment No. 179 to the Trust’s Registration Statement filed on February 23, 2023*
xxxiv. Amendment dated July 24, 2023 – Previously filed as Exhibit (h)(1)(a)(xxxiii)
to Post-Effective Amendment No. 187 to the Trust’s Registration Statement filed on August 28, 2023*
xxxv. Amendment dated August 28, 2023 – Previously filed as Exhibit (h)(1)(a)(xxxiv)
to Post-Effective Amendment No. 187 to the Trust’s Registration Statement filed on August 28, 2023*
xxxvi. Amendment
dated February 28, 2024 – Previously filed as Exhibit (h)(1)(a)(xxxvi) to Post-Effective Amendment
No. 190 to the Trust’s Registration Statement filed on February 26, 2024*
xxxvii. Amendment
dated July 1, 2024 – Previously filed as Exhibit (h)(1)(a)(xxxvii) to Post-Effective Amendment No.
194 to the Trust’s Registration Statement filed on July 22, 2024*
xxxviii. Amendment
dated July 22, 2024 – Previously filed as Exhibit (h)(1)(a)(xxxviii) to Post-Effective Amendment No.
194 to the Trust’s Registration Statement filed on July 22, 2024*
xxxix. Amendment
dated July 1, 2025 – Previously filed as Exhibit (h)(1)(xxxix) to Post-Effective Amendment No. 198
to the Trust’s Registration Statement filed on August 21, 2025*
xl. Amendment
dated September 17, 2025 – Previously filed as Exhibit (h)(1)(xl) to Post-Effective Amendment No. 211
to the Trust’s Registration Statement on February 26, 2026*
xli. Amendment
dated July 1, 2026 – Previously filed as Exhibit (h)(1)(xli) to Post-Effective Amendment No. 202 to
the Trust’s Registration Statement filed on August 24, 2026*
xlii. Amendment dated October 8, 2026 – Filed herewith*
2. Reserved.
3. Shareholder Service
Plans
a. Amended
and Restated Shareholder Services Plan for Class R1 Shares dated June 4, 2024 — Previously filed as
Exhibit (h)(3)(a) to Post-Effective Amendment No. 196 to the Trust’s Registration Statement filed on
February 25, 2025*
b. Amended
and Restated Shareholder Services Plan for Class R2 Shares dated June 4, 2024 — Previously filed as
Exhibit (h)(3)(b) to Post-Effective Amendment No. 196 to the Trust’s Registration Statement filed on
February 25, 2025*
c. Amended
and Restated Shareholder Services Plan for Class R3 Shares dated June 4, 2024 — Previously filed as
Exhibit (h)(3)(c) to Post-Effective Amendment No. 196 to the Trust’s Registration Statement filed on
February 25, 2025*
4. Indemnification
Agreement – Previously
filed as Exhibit
(h)(4) to Post-Effective
Amendment No. 9 to
the Trust’s Registration
Statement on February 28, 2011*
5. Expense Limitation
Agreements and Fee Waivers
a. Notice
of Voluntary Expense Limitation dated February 28, 2024 – Previously filed as Exhibit (h)(5)(a) to
Post-Effective Amendment No. 190 to the Trust’s Registration Statement filed on February 26, 2024*
b. Amended and Restated Expense Limitation Agreement dated February 28, 2021 for
MainStay U.S. Government Liquidity Fund – Previously filed as Exhibit (h)(5)(c) to Post-Effective Amendment
No. 163 to the Trust’s Registration Statement on February 24, 2021*
c. Amended
and Restated Expense Limitation Agreement (Transfer Agency expenses) dated February 28, 2026 – Previously
filed as an Exhibit to Post-Effective Amendment No. 211 to the Trust’s Registration Statement on February
26, 2026*
d. Amended and Restated Expense Limitation Agreement dated October
8, 2026 – Filed herewith*
6. Regulatory
Filing Support Services
Agreement dated December
22, 2017 –
Previously filed as
Exhibit (h)(6) to
Post-Effective Amendment No. 123 to the Trust’s Registration
Statement on February 28, 2018*
7. Distribution
Agreement dated July 2, 2018 between MainStay Funds Trust and NYLIFE Distributors LLC (MainStay U.S. Government
Liquidity Fund) – Previously filed as Exhibit (h)(7) to Post-Effective Amendment
No. 130 to the Trust’s Registration Statement on July 2, 2018*
8. Form
of MainStay Funds 12d1-4 Agreement – Previously filed as Exhibit (h)(8) to Post-Effective
Amendment No. 173 to the Trust’s Registration Statement filed on March 4, 2022*
i. Opinion
of Counsel – Previously filed as Exhibit (i) to Post-Effective Amendment No. 202 to the Trust’s Registration
Statement filed on August 24, 2026*
j. Other Opinions
1. Consent
of Independent Registered Public Accounting Firm – Previously filed as Exhibit (j)(1) to Post-Effective
Amendment No. 202 to the Trust’s Registration Statement filed on August 24, 2026*
2. Powers
of Attorney (Kerley, Trutanic & Benintende) – Previously filed as an Exhibit to Post-Effective
Amendment No. 9 to the Trust’s Registration Statement on February 28, 2011*
3. Powers
of Attorney (Chow & Perold) – Previously filed as an Exhibit to Post-Effective Amendment No. 89
to the Trust’s Registration Statement on February 29, 2016*
4. Power
of Attorney (Lehneis) – Previously filed as an Exhibit to Post-Effective Amendment No. 118 to the Trust’s
Registration Statement on October 5, 2017*
5. Power of Attorney (Hammond) – Previously filed as an Exhibit to Post-Effective
Amendment No. 169 to the Trust’s Registration Statement on January 10, 2022
6. Power of Attorney (Abou-Jaoudé) – Previously filed
as an Exhibit to Post-Effective Amendment No. 184 to the Trust’s Registration Statement on July 24,
2023*
7. Power
of Attorney (Jivraj) – Previously filed as an Exhibit to Post-Effective Amendment No. 211 to the Trust’s
Registration Statement on February 26, 2026*
8. Power
of Attorney (Lynch) – Previously filed as an Exhibit to Post-Effective Amendment No. 211 to the Trust’s
Registration Statement on February 26, 2026*
k. Omitted Financial Statements – Inapplicable
l. Initial
Capital Agreements – Inapplicable
m. Rule 12b-1 Plan
1. Plan
of Distribution Pursuant
to Rule 12b-1
dated August 19,
2015 for Class
A Shares –
Previously filed as
Exhibit (m)(12) to
Post- Effective Amendment No. 85 to the Trust’s
Registration Statement on August 28, 2015*
2. Plan
of Distribution Pursuant
to Rule 12b-1
dated August 19,
2015 for Class
B Shares –
Previously filed as
Exhibit (m)(13) to
Post- Effective Amendment No. 85 to the Trust’s Registration Statement on August
28, 2015*
3. Plan
of Distribution Pursuant
to Rule 12b-1
dated March 4, 2024 for
Class C Shares
– Previously filed as Exhibit (m)(3) to Post-Effective
Amendment No. 196 to the Trust’s Registration Statement on February 25, 2025*
4. Plan
of Distribution Pursuant
to Rule 12b-1
dated August 19,
2015 for Investor
Class Shares –
Previously filed as
Exhibit (m)(15) to
Post-Effective Amendment No. 85 to the Trust’s Registration Statement on August
28, 2015*
5. Plan
of Distribution Pursuant
to Rule 12b-1
dated August 19,
2015 for Class
R2 Shares –
Previously filed as
Exhibit (m)(16) to
Post- Effective Amendment No. 85 to the Trust’s
Registration Statement on August 28, 2015*
6. Amended
and Restated Plan
of Distribution Pursuant
to Rule 12b-1
dated August 1,
2019 for Class
R3 shares –
Previously filed as
Exhibit (m)(6) to Post-Effective Amendment No. 141 to the Trust's Registration
Statement on August 16, 2019*
7. Plan of Distribution
Pursuant to Rule 12b-1 dated February 28, 2017 for Class T Shares – Previously filed as Exhibit (m)(17)
to Post- Effective Amendment No. 115 to the Trust’s Registration
Statement on August 10, 2017*
8. Plan of Distribution
Pursuant to Rule 12b-1 dated June 24, 2020 for Class C2 Shares – Previously filed as Exhibit (m)(8)
to Post-Effective Amendment No. 199 on September 19, 2025*
9. Plan
of Distribution Pursuant to Rule 12b-1 dated June 24, 2020 for SIMPLE Class Shares – Previously filed
as Exhibit (m)(9) to Post-Effective Amendment No. 158 to the Trust’s Registration Statement on August
28, 2020*
10. Plan
of Distribution Pursuant to Rule 12b-1 dated September 30, 2020 for Class A2 Shares – Previously filed
as Exhibit (m)(10) to Post-Effective Amendment No. 161 to the Trust’s Registration Statement on September
30, 2020*
11. Plan
of Distribution Pursuant to Rule 12b-1 dated March 4, 2024 for Class Z Shares – Previously filed as
Exhibit (m)(11) to Post-Effective Amendment No. 193 to the Trust’s Registration Statement on May 24,
2024*
n. Rule
18f-3 Plan
1. Amended
and Restated Multiple
Class Plan Pursuant
to Rule 18f-3
dated March 4, 2024 – Previously filed as Exhibit (n)(1) to Post-Effective
Amendment No. 196 to the Trust’s Registration Statement on February 25, 2025*
o. Reserved
p. Codes
of Ethics
1. Code
of Ethics of New York Life Investments dated December 2024 – Previously filed
as Exhibit (p)(1) to Post – Effective Amendment No. 198 to the Trust’s Registration Statement filed
on August 21, 2025*
2. Code
of Ethics of Epoch Investment Partners, Inc. dated October 2024 – Previously filed as Exhibit (p)(2)
to Post – Effective Amendment No. 198 to the Trust’s Registration Statement filed on August 21, 2025*
3. Code
of Ethics of
CBRE Investment Management Listed Real Assets LLC dated
September 2021 – Previously filed as Exhibit (p)(4) to Post-Effective Amendment
No. 173 to the Trust’s Registration Statement filed on March 4, 2022*
4. Code of Ethics
of Cushing Asset Management LLC dated December 2024 – Previously filed as Exhibit (p)(4) to Post –
Effective Amendment No. 198 to the Trust’s Registration Statement filed on August 21, 2025*
5. Code
of Ethics of Candriam dated October 2024 – Previously filed as Exhibit
(p)(5) to Post – Effective Amendment No. 198 to the Trust’s Registration Statement filed on August
21, 2025*
6. Code of Ethics
of Wellington Management Company LLC dated December 2023 – Previously filed as Exhibit (p)(7) to Post-Effective
Amendment No. 190 to the Trust’s Registration Statement filed on February 26, 2024*
7. Code of Ethics
of Fiera Capital Inc. dated January 2022 – Previously filed as Exhibit (p)(8) to Post-Effective Amendment
No. 184 to the Trust’s Registration Statement filed on July 24, 2023*
8. Code of Ethics
of PineStone Asset Management Inc. dated July 2023 – Previously filed as Exhibit (p)(9) to Post-Effective
Amendment No. 185 to the Trust’s Registration Statement filed on July 24, 2023*
| | |
* Incorporated by reference. | |
ITEM 29. PERSONS CONTROLLED BY OR UNDER
COMMON CONTROL WITH REGISTRANT
None.
ITEM
30. INDEMNIFICATION
The NYLIM Group of Funds, which includes NYLIM Funds Trust,
NYLIM VP Funds Trust and NYLIM Funds, maintains a joint directors and officers/errors and omissions (“D&O/E&O”)
liability insurance policy and joint independent directors liability (“IDL”) insurance policy. The
D&O/E&O liability insurance policy covers all of the directors and officers of the NYLIM Group
of Funds and the IDL insurance policy covers the independent directors only. Subject to the terms, conditions
and retentions of the policies, insured persons are covered for claims made against them while acting
in their official capacities with the NYLIM Group of Funds.
Article VII of NYLIM Funds
Trust’s (“Registrant’s”) Declaration of Trust states as follows:
Section 3. Indemnification.
a. For
purposes of this Section 3 and Section 5 of this Article VII and any related provisions of the By-laws,
“Agent” means any Person who is, was or becomes an employee or other agent of the Trust who is not
a Covered Person; “Proceeding” means any threatened, pending or completed claim, action, suit or
proceeding, whether civil, criminal, administrative or investigative (including appeals); and “liabilities”
and “expenses” include, without limitation, attorneys’ fees, costs, judgments, amounts paid in
settlement, fines, penalties and all other liabilities whatsoever.
Laws:
b. Subject
to the exceptions and limitations contained in this Section, as well as any procedural requirements set
forth in the By-Laws
i. every
person who is, has been, or becomes a Trustee or officer of the Trust (hereinafter referred to as a “Covered
Person”) shall be indemnified by the Trust to the fullest extent permitted by law against any and all
liabilities and expenses reasonably incurred or paid by him in connection with the defense of any Proceeding
in which he becomes involved as a party or otherwise by virtue of his being or having been such a Trustee
or officer, and against amounts paid or incurred by him in the settlement thereof;
ii. every Person who
is, has been, or becomes an Agent of the Trust may, upon due approval of the Trustees (including a majority
of the Trustees who are not Interested Persons of the Trust), be indemnified by the Trust, to the fullest
extent permitted by law, against any and all liabilities and expenses reasonably incurred or paid by
him in connection with the defense of any Proceeding in which he becomes involved as a party or otherwise
by virtue of his being or having been an Agent, and against amounts paid or incurred by him in the settlement
thereof;
iii. every
Person who is serving or has served at the request of the Trust as a director, officer, partner, trustee,
employee, agent or fiduciary of another domestic or foreign corporation, partnership, joint venture,
trust, other enterprise or employee benefit plan (“Other Position”) and who was or is a party or
is threatened to be made a party to any Proceeding by reason of alleged acts or omissions while acting
within the scope of his or her service in such Other Position, may, upon due approval of the Trustees
(including a majority of the Trustees who are not Interested Persons of the Trust), be indemnified by
the Trust, to the fullest extent permitted by law, against any and all liabilities and expenses reasonably
incurred or paid by him in connection with the defense of any Proceeding in which he becomes involved
as a party or otherwise by virtue of his being or having held such Other Position, and against amounts
paid or incurred by him in the settlement thereof;
c. Without limitation of the foregoing and subject to the exceptions
and limitations set forth in this Section, as well as any procedural requirements set forth in the By-Laws,
the Trust shall indemnify each Covered Person who was or is a party or is threatened to be made a party
to any Proceedings, by reason of alleged acts or omissions within the scope of his or her service as
a Covered Person, against judgments, fines, penalties, settlements and reasonable expenses (including
attorneys’ fees) actually incurred by him in connection with such proceeding to the maximum extent
consistent with state law and the 1940 Act.
d. No indemnification shall be provided hereunder to any Person
who shall have been adjudicated by a court or body before which the proceeding was brought (i) to be
liable to the Trust or its Shareholders by reason of willful misfeasance, bad faith, gross negligence
or reckless disregard of the duties involved in the conduct of his office (collectively, “Disabling
Conduct”) or (ii) not to have acted in good faith in the reasonable belief that his action was in the
best interest of the Trust.
e. With
respect to any Proceeding disposed of (whether by settlement, pursuant to a consent decree or otherwise)
without an adjudication by the court or other body before which the Proceeding was brought, no indemnification
shall be provided to a Trustee, officer, Agent or other Person unless there has been a dismissal of the
Proceeding by the court or other body before which it was brought for insufficiency of evidence of any
Disabling Conduct with which such Trustee, officer, Agent or other Person has been charged or a determination
that such Trustee, officer, Agent or other Person did not engage in Disabling Conduct:
i. by the court or
other body before which the Proceeding was brought;
ii. by at least a majority of those Trustees who are neither Interested
Persons of the Trust nor are parties to the Proceeding based upon a review of readily available facts
(as opposed to a full trial-type inquiry); or
iii. by written opinion of independent legal counsel based upon
a review of readily available facts (as opposed to a full trial- type inquiry).
f. The Trust’s financial
obligations arising from the indemnification provided herein or in the By-Laws (i) may be insured by
policies maintained by the Trust; (ii) shall be severable; (iii) shall not be exclusive of or affect
any other rights to which any Person may now or hereafter be entitled; and (iv) shall continue as to
a Person who has ceased to be subject to indemnification as provided in this Section as to acts or omissions
that occurred while the Person was indemnified as provided herein and shall inure to the benefit of the
heirs, executors and administrators of such Person. Nothing contained herein shall affect any rights
to indemnification to which Trust personnel, other than Covered Persons, may be entitled, and other persons
may be entitled by contract or otherwise under law.
g. Expenses
of a Person entitled to indemnification hereunder in connection with the defense of any Proceeding of
the character described in paragraphs (a) and (b) above may be advanced by the Trust or Series from time
to time prior to final disposition thereof upon receipt of an undertaking by or on behalf of such Person
that such amount will be paid over by him to the Trust or Series if it is ultimately determined that
he is not entitled to indemnification under this Section 3; provided, however, that either (i) such
Person shall have provided appropriate security for such undertaking, (ii) the Trust is insured against
losses arising out of any such advance payments, or (iii) either a majority of the Trustees who are neither
Interested Persons of the Trust nor parties to the matter, or independent legal counsel in a written
opinion, shall have determined, based upon a review of readily available facts (as opposed to a trial-type
inquiry or full investigation), that there is reason to believe that such Person will be found entitled
to indemnification under Section 3.
Section 5.
Insurance.
The Trustees shall be entitled and empowered to the fullest
extent permitted by law to purchase with Trust assets insurance for liability and for all expenses reasonably
incurred or paid or expected to be paid by a Person entitled to indemnification from the Trust in connection
with any proceeding in which he or she may become involved by virtue of his or her capacity or former
capacity entitling him or her to indemnification hereunder.
In addition, each Trustee
has entered into a written agreement with the Registrant pursuant to which the Registrant is contractually
obligated to indemnify the Trustees to the fullest extent permitted by law and by the Declaration of
Trust and By-Laws of the Registrant.
Insofar as indemnification for liability
arising under the Securities Act of 1933 may be permitted to trustees, officers and controlling persons
of the Registrant pursuant to the foregoing provisions, or otherwise, the Registrant has been advised
that in the opinion of the Securities and Exchange Commission such indemnification is against public
policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification
against such liabilities (other than the payment by the Registrant of expenses incurred or paid by a
trustee, officer or controlling person of the Registrant in the successful defense of any action, suit
or proceeding) is asserted by such trustee, officer or controlling person in connection with the securities
being registered, the Registrant will, unless in the opinion of its counsel the matter has been settled
by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification
by it is against public policy as expressed in the Act and will be governed by the final adjudication
of such issue.
ITEM 31. BUSINESS OR OTHER CONNECTIONS OF INVESTMENT ADVISOR
New York Life Investment Management LLC (“New York Life Investment Management”)
acts as the investment adviser for each series of the following open- end registered management investment
companies: NYLIM Funds Trust, NYLIM VP Funds Trust and NYLIM Funds.
The list of officers and
directors of New York Life Investment Management, together with information as to their other business,
profession, vocation or employment of a substantial nature during the past two years, is incorporated
by reference to Schedules A and D of Form ADV filed by New York Life Investment Management (SEC File
No: 801-57396).
CANDRIAM (Formerly known as Candriam Belgium)
Candriam
acts as the subadvisor for certain series of the Registrant.
The list of officers and
directors of Candriam, together with information as to their other business, profession, vocation or
employment of a substantial nature during the past two years, is incorporated by reference to Schedules
A and D of Form ADV filed by Candriam (SEC File No. 801-80510)
CBRE Investment Management
Listed Real Assets LLC
CBRE Clarion Securities LLC acts as the subadvisor for certain
series of the Registrant.
The list of officers and directors of CBRE Clarion Securities
LLC, together with information as to their other business, profession, vocation or employment of a substantial
nature during the past two years, is incorporated by reference to Schedules A and D of Form ADV filed
by CBRE Clarion Securities LLC (SEC File No. 801-49083)
CUSHING ASSET MANAGEMENT,
LP
Cushing Asset Management, LP (“Cushing”) acts as the subadvisor for a series
of the Registrant.
The list of officers and directors of Cushing, together with
information as to their other business, profession, vocation or employment of a substantial nature during
the past two years, is incorporated by reference to Schedules A and D of Form ADV filed by Cushing (SEC
File No: 801- 63255).
EPOCH INVESTMENT PARTNERS, INC.
Epoch
Investment Partners, Inc. (“Epoch”) acts as the subadvisor for certain series of the Registrant.
The list of officers and directors of Epoch, together with information as to their
other business, profession, vocation or employment of a substantial nature during the past two years,
is incorporated by reference to Schedules A and D of Form ADV filed by Epoch (SEC File No: 801-63118).
FIERA CAPITAL INC.
Fiera Capital Inc. (“Fiera Capital”)
acts as the subadvisor for a series of the Registrant.
The list of officers and
directors of Fiera Capital, together with information as to their other business, profession, vocation
or employment of a substantial nature during the past two years, is incorporated by reference to Schedules
A and D of Form ADV filed by Fiera Capital (SEC File No: 801-8948).
MACKAY SHIELDS LLC
MacKay Shields LLC (“MacKay Shields”) acts as the subadvisor for certain series
of the Registrant.
The list of officers and directors of MacKay Shields, together
with information as to their other business, profession, vocation or employment of a substantial nature
during the past two years, is incorporated by reference to Schedules A and D of Form ADV filed by MacKay
Shields (SEC File No: 801-5594).
NYL INVESTORS LLC
NYL
Investors LLC (“NYL Investors”) acts as the subadvisor for certain series of the Registrant.
The list of officers and directors of NYL Investors, together with information
as to their other business, profession, vocation or employment of a substantial nature during the past
two years, is incorporated by reference to Schedules A and D of Form ADV filed by NYL Investors (SEC
File No: 801-78759).
PINESTONE ASSET MANAGEMENT INC.
PineStone
Asset Management Inc. acts as subadvisor for certain series of the Registrant.
The
list of officers and directors of PineStone Asset Management Inc., together with information as to their
other business, profession, vocation or employment of a substantial nature during the past two years,
is incorporated by reference to Schedules A and D of Form ADV filed by PineStone Asset Management Inc.
(SEC File No: 801-122764).
WELLINGTON MANAGEMENT COMPANY LLC
Wellington
Management Company LLC (“Wellington”) acts as the subadvisor for certain series of the Registrant.
The list of officers and directors of Wellington, together with information as
to their other business, profession, vocation or employment of a substantial nature during the past two
years, is incorporated by reference to Schedules A and D of Form ADV filed by Wellington (SEC File No:
801-15908).
ITEM 32. PRINCIPAL UNDERWRITERS
a. Inapplicable
b. Inapplicable
c. Inapplicable
ITEM 33. LOCATION OF ACCOUNTS AND RECORDS.
Certain accounts, books and other documents
required to be maintained by Section 31(a) of the Investment Company Act of 1940, as amended, and the
Rules promulgated thereunder are maintained at the offices of New York Life Insurance Company, 51 Madison
Avenue, New York, NY 10010, the Registrant, the Manager, the Subadvisors and NYLIFE Distributors LLC.
The Registrant, the Manager and NYLIFE Distributors LLC’s address is 30 Hudson Street, Jersey City,
New Jersey 07302. The Subadvisors’ addresses are: Candriam, 19-21 route d’Arlon L-8009 Strassen,
Luxembourg; CBRE Investment Management Listed Real Assets LLC, 555 Lancaster Avenue, Suite 120; Radnor,
PA 19087; Cushing Asset Management, LP, 4925 Greenville Avenue, Suite 1310, Dallas, TX 75206; Epoch Investment
Partners, Inc., 1 Vanderbilt Avenue, New York, NY 10017; Fiera Capital Inc., 375 Park Avenue, 8th
Floor, New York, New York 10152; MacKay Shields LLC, 299 Park Avenue, 32nd Floor,
New York, New York 10171; NYL Investors LLC, 51 Madison Avenue, New York, NY 10010; PineStone Asset Management
Inc. 1981 McGill College Avenue, Suite 1600 Montreal, Québec H3A 2Y1; and Wellington Management Company
LLC, 280 Congress Street, Boston, MA 02210. Records relating to the duties of the custodian for each
series of NYLIM Funds Trust are maintained by JPMorgan Chase Bank, N.A., 4 Chase Metrotech Center, Brooklyn,
New York 11245. Records relating to the duties of the transfer agent of NYLIM Funds Trust are maintained
by DST Asset Manager Solutions, Inc., 200 Crown Colony Drive, Quincy, MA 02169.
ITEM 34. MANAGEMENT SERVICES.
Inapplicable.
ITEM
35. UNDERTAKINGS.
Inapplicable.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933,
as amended (“Securities Act”), the Registrant has duly caused this Post-Effective Amendment No. 203
to its Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized,
in the City of New York in the State of New York, on this 22nd day of October,
2026.
| | | |
| | NYLIM FUNDS TRUST |
| | | |
| | By: | /s/ Kirk C. Lehneis |
| | | Kirk C. Lehneis |
| | | President and Principal Executive Officer |
Pursuant to the
requirements of the Securities Act, this Registration Statement has been signed by the following persons
in the capacities indicated below on this 22nd day of October,
2026.
| | | |
SIGNATURE | TITLE |
| | |
| | |
/s/ Kirk C. Lehneis | President and Principal Executive Officer |
Kirk C. Lehneis | |
| | |
/s/ Naïm Abou-Jaoudé* | Trustee |
Naïm Abou-Jaoudé | |
| | |
/s/ Susan B. Kerley* | Trustee |
Susan B. Kerley | |
| | |
/s/ David H. Chow* | Trustee |
David H. Chow | |
| | |
/s/ Karen Hammond* | Trustee |
Karen Hammond | |
| | |
/s/ Alan R. Latshaw* | Trustee |
Alan R. Latshaw | |
| | |
/s/ Jacques P. Perold* | Trustee and Chairman of the Board |
Jacques P. Perold | |
| | |
/s/ Richard S. Trutanic* | Trustee |
Richard S. Trutanic | |
| | |
/s/ Adeel Jivraj* | Trustee |
Adeel Jivraj | |
| | |
/s/ Stephanie Lynch* | Trustee |
Stephanie Lynch | |
| | |
/s/ Jack R. Benintende | Treasurer and Principal Financial and Accounting Officer |
Jack R. Benintende | |
| | |
By:
| /s/ J. Kevin Gao | |
| | J. Kevin Gao | Secretary |
| | As
Attorney-in-Fact | |
| | |
* Pursuant to Powers of Attorney previously
filed | |
EXHIBIT INDEX
| | |
Exhibit No. | Description |
(a)(2) | Declaration
of Trust dated January 9, 1986, as amended and restated August 28, 2026 |
(b) | Amended and Restated By-Laws
dated September 24, 2026 |
(d)(1)(oo) | Amendment to Amended and Restated Management Agreement dated
October 8, 2026 |
(d)(2)(g) | Amendment to the Amended and Restated Subadvisory Agreement dated October 8, 2026
(Epoch Investment Partners Inc.) |
(d)(3)(dd) | Amendment to the Amended and Restated Subadvisory Agreement
dated August 28, 2026 (MacKay Shields LLC) |
(d)(4)(a) | Amendment to the Amended and Restated Subadvisory Agreement
dated October 8, 2026 (Candriam) |
(h)(1)(a)(xlii) | Amendment to Amended & Restated Transfer Agency &
Service Agreement dated October 8, 2026 |
(h)(5)(d) | Amended and Restated Expense Limitation Agreement dated October
8, 2026 |