EX-99.(M)(5) 9 d511211dex99m5.htm AMENDMENT TO DISTRIBUTION AND SHAREHOLDER SERVICING PLAN Amendment to Distribution and Shareholder Servicing Plan

Exhibit (m)(5)

AMENDMENT TO

JANUS DETROIT STREET TRUST

DISTRIBUTION AND SHAREHOLDER SERVICING PLAN

THIS AMENDMENT is made this 19th day of October, 2023, by and among JANUS DETROIT STREET TRUST, a Delaware statutory trust (the “Trust”), Janus Henderson Distributors US LLC, (“JHDUS”), and ALPS Distributors, Inc., (“ALPS”), regarding the funds listed in Appendix A (each, a “Fund” and together, the “Funds”).

WITNESSETH:

WHEREAS, JHDUS, ALPS and the Trust, are parties to the Distribution and Shareholder Servicing Plan dated September 12, 2018 (the “Plan”);

WHEREAS, the parties desire to amend the Plan as set forth in greater detail below;

WHEREAS, pursuant to Section 7 of the Plan, the Plan may be amended by the parties only if such amendment is approved by the Board, including a majority of the directors who are not interested persons of the Distributor, JHDUS, or of the Trust and is in writing and signed by the parties to the Plan; and

WHEREAS, Exhibit A is hereby replaced with the attached Exhibit A to reflect the addition of Janus Henderson Securitized Income ETF and the liquidation of Janus Henderson Net Zero Transition Resources ETF.

NOW, THEREFORE, in consideration of the premises and of the mutual agreements set forth below, the parties agree to amend the Plan as follows:

1.  The parties acknowledge that the Plan, as amended, remains in full force and effect as of the date of this Amendment, and that this Amendment, together with the Plan, contains the entire understanding and the full and complete agreement of the parties and supersedes and replaces any prior understandings and agreements among the parties respecting the subject matter hereof.

2.  This Amendment may be contemporaneously executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.


IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this Amendment as of the date and year first above written.

 

JANUS HENDERSON DISTRIBUTORS US LLC

By:

 

/s/Michael Schweitzer

 

Michael Schweitzer

 

President

JANUS DETROIT STREET TRUST

By:

 

/s/Jesper Nergaard

 

Jesper Nergaard

 

Vice President, Chief Financial Officer,

Treasurer and Principal Accounting

Officer

ALPS DISTRIBUTORS, INC.

By:

 

/s/Stephen J. Kyllo

 

Stephen J. Kyllo

 

Senior Vice President,

Chief Compliance Officer

 

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EXHIBIT A TO THE

DISTRIBUTION AND SHAREHOLDER SERVICING PLAN

Janus Detroit Street Trust

 

Name of Fund

  

Effective Date of the Plan

Janus Henderson Mortgage-Backed Securities ETF

  

September 12, 2018

Janus Henderson AAA CLO ETF

  

October 14, 2020

Janus Henderson U.S. Real Estate ETF

  

April 22, 2021

Janus Henderson International Sustainable Equity ETF

Janus Henderson Net Zero Transition Resources ETF**

Janus Henderson Sustainable Corporate Bond ETF

Janus Henderson Sustainable & Impact Core Bond ETF

Janus Henderson U.S. Sustainable Equity ETF

  

July 22, 2021

Janus Henderson B-BBB CLO ETF

  

November 18, 2021

Janus Henderson Securitized Income ETF

  

October 19, 2023

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

 

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