Expense Limitation Agreement (Affiliated ETFs)
Exhibit (h)(7)
Expense Limitation Agreement (Affiliated ETFs)
January 18, 2024
000 Xxxxxxx Xxxxxx
Denver, Colorado 80206
Ladies and Gentlemen:
As you know, Section 5 of our Investment Advisory Agreement provides for compensation payable to Xxxxx Xxxxxxxxx Investors US LLC (“Adviser”) with respect to each series of Janus Detroit Street Trust, listed in Appendix A (each an “Acquiring ETF”). This letter is to inform you that the Adviser will waive and/or reimburse to the Acquiring ETFs a portion of its management fee in an amount equal to a portion of the management fee it earns as investment adviser to affiliated exchange traded funds (“Affiliated ETFs") in which an Acquiring Fund invests (if any), for at least the period from February 28, 2024 until February 28, 2025, set forth as follows:
1. | With respect to each investment by a Acquiring ETF in an Affiliated ETF, the waiver/reimbursement amount shall be equal to the amount of Acquiring ETF assets invested in the Affiliated ETF, multiplied by an amount equal to the current daily unitary management fee of the Affiliated ETF less certain asset-based operating fees and expenses incurred on a per-fund basis and paid by the Adviser with respect to the Affiliated ETF (such expenses include, but are not limited to: custody, sub-administration, and transfer agency fees and fees paid to the distributor) (“Waiver Amount”). |
2. | The Waiver Amount shall be calculated by the Adviser on a monthly basis and used daily for purposes of calculating the Acquiring ETFs’ net asset value per share. |
For the avoidance of doubt, the Adviser may not recover from the Acquiring ETF amounts previously waived pursuant to this Agreement.
This waiver/reimbursement will continue in effect until February 28, 2025, unless otherwise terminated, revised or extended by the Board of Trustees. This waiver/reimbursement may be terminated at any time by the Trustees of the Trust, and may be amended only if such amendment is approved by the Trustees of the Trust.
XXXXX XXXXXXXXX INVESTORS US LLC | JANUS DETROIT STREET TRUST |
By: | /s/ Xxxxxxx Xxxxxx | By: | /s/ Xxxxxx Xxxxxxxx | ||
Xxxxxxx Xxxxxx | Xxxxxx Xxxxxxxx | ||||
Chief Accounting Officer and Treasurer | Vice President, Chief Financial Officer, Treasurer and Principal Accounting Officer |
||||
Xxxxx Xxxxxxxxx Investors
000 Xxxxxxx Xx, Xxxxxx XX 00000
xxxxxxxxxxxxxx.xxx
APPENDIX A – ACQUIRING ETFS
Xxxxx Xxxxxxxxx AAA CLO ETF |
Xxxxx Xxxxxxxxx B-BBB CLO ETF |
Xxxxx Xxxxxxxxx International Sustainable Equity ETF |
Xxxxx Xxxxxxxxx Mortgage-Backed Securities ETF |
Xxxxx Xxxxxxxxx Short Duration Income ETF |
Xxxxx Xxxxxxxxx Small Cap Growth Alpha ETF |
Xxxxx Xxxxxxxxx Small/Mid Cap Growth Alpha ETF |
Xxxxx Xxxxxxxxx Sustainable Corporate Bond ETF |
Xxxxx Xxxxxxxxx U.S. Real Estate ETF |
Xxxxx Xxxxxxxxx U.S. Sustainable Equity ETF |