EX-99.(G)(1)(C) 4 d511211dex99g1c.htm AMENDMENT TO AMENDED AND RESTATED GLOBAL CUSTODY AGREEMENT Amendment to Amended and Restated Global Custody Agreement

Exhibit (g)(1)(c)

THIRD AMENDMENT TO AMENDED AND RESTATED

GLOBAL CUSTODY AGREEMENT

This THIRD AMENDMENT, dated as of October 19, 2023 (the “Amendment”) to the AMENDED AND RESTATED GLOBAL CUSTODY AGREEMENT (the “Agreement”) dated June 8, 2021, as amended on August 9, 2021 and November 18, 2021, among JPMORGAN CHASE BANK, N.A. (“J.P. Morgan”), with a place of business at 383 Madison Avenue, New York, New York 10179; JANUS DETROIT STREET TRUST (the “Customer”), a Delaware statutory trust with a place of business at 151 Detroit Street, Denver, Colorado 80206 acting on behalf of each Fund listed in Annex I, and JANUS HENDERSON INVESTORS US LLC as investment manager of Customer and to the extent specified in the Agreement (“Manager”) with a place of business at 151 Detroit Street, Denver, Colorado 80206.

WHEREAS, Customer, Manager, and J.P. Morgan entered into the Agreement pursuant to which J.P. Morgan was appointed to provide certain services, and the parties to the Agreement now wish to amend Annex I - Funds of the Agreement.

NOW, THEREFORE, in consideration of the mutual promises set forth hereafter, the parties hereto agree as follows:

 

  1.

Amendments. Customer, Manager, and J.P. Morgan hereby agree to amend the Agreement as follows:

 

  a.

Annex I to the Agreement is hereby deleted in its entirety and replaced with Annex I attached hereto.

 

  2.

Miscellaneous.

 

  a.

As modified and amended hereby, the parties hereto hereby ratify, approve and confirm the Agreement in all respects, and save as varied by this Amendment, the Agreement shall remain in full force and effect.

 

  b.

This Amendment may be executed in counterparts each of which will be deemed an original.

 

  c.

All references to the “Agreement” shall refer to the Agreement, as amended by this Amendment.

 

  d.

This Amendment shall be effective as of the date first written above.

 

  e.

Except as specifically amended hereby, all other terms and conditions of the Agreement shall remain unchanged and the Agreement shall continue in full force and effect.

 

  f.

This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.

 

  g.

This Amendment shall be governed by, and construed in accordance with, the law of the State of New York, without regard to laws as to conflicts of laws.

[Signature Page Follows]


Execution Copy

 

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

 

             

   JANUS DETROIT STREET TRUST
   By:  

/s/Nick Cherney

   Name:  Nick Cherney
   Title:  President and Chief Executive Officer
   JANUS HENDERSON INVESTORS US LLC     
   By:  

/s/Nick Cherney

   Name:  Nick Cherney
   Title:  Head of Exchange Traded Products
   JPMORGAN CHASE BANK, N.A.
   By:  

/s/Tyler Kimble

   Name:  Tyler Kimble
   Title:  Vice President

 

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Execution Copy

 

Annex I

 

Janus Henderson AAA CLO ETF

 

Janus Henderson B-BBB CLO ETF

 

Janus Henderson International Sustainable Equity ETF

 

Janus Henderson Mortgage-Backed Securities ETF

 

Janus Henderson Net Zero Transition Resources ETF**

 

Janus Henderson Securitized Income ETF

 

Janus Henderson Short Duration Income ETF

 

Janus Henderson Small Cap Growth Alpha ETF

 

Janus Henderson Small/Mid Cap Growth Alpha ETF

 

Janus Henderson Sustainable & Impact Core Bond ETF

 

Janus Henderson Sustainable Corporate Bond ETF

 

Janus Henderson U.S. Real Estate ETF

 

Janus Henderson U.S. Sustainable Equity ETF

** Janus Henderson Net Zero Transition Resources ETF will be liquidated on or about October 24, 2023.

 

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