EX-99.(H)(3)(C) 6 d511211dex99h3c.htm AMENDMENT TO AMENDED AND RESTATED AGENCY SERVICES AGREEMENT Amendment to Amended and Restated Agency Services Agreement

Exhibit (h)(3)(c)

THIRD AMENDMENT TO AMENDED AND RESTATED

AGENCY SERVICES AGREEMENT

This THIRD AMENDMENT, dated as of October 19, 2023 (the “Amendment”) to the AMENDED AND RESTATED AGENCY SERVICES AGREEMENT (the “Agreement”) dated June 8, 2021, as amended on August 9, 2021 and November 18, 2021, between JANUS DETROIT STREET TRUST, a Delaware business trust and registered investment company under the Investment Company Act of 1940 as amended (the “1940 Act”), with offices at 151 Detroit Street, Denver, Colorado 80206 (the “Trust” or “Customer”), Janus Henderson Investors US LLC, as investment manager of Customer to the extent specified in the Agreement (“Manager”), and JPMORGAN CHASE BANK, N.A. a national banking association with a place of business at 383 Madison Avenue, New York, New York 10179 (“J.P. Morgan”).

WHEREAS, Customer 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 Exhibit A List of ETF Series 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.

Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A 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/Lauren Haley

Name:  Lauren Haley

Title:  Executive Director

 

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Execution Copy

EXHIBIT A

 

   

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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