EXHIBIT 7(AA)
AMENDMENT TO CUSTODIAN CONTRACT
This Amendment to the Custodian Contract is made as of June 15, 2001,
by and between JANUS INVESTMENT FUND on behalf of each of its Portfolios as
defined in the Custodian Contract (the "Fund"), and State Street Bank and Trust
Company (the "Custodian"). Capitalized terms used in this Amendment without
definition shall have the respective meanings given to such terms in the
Custodian Contract referred to below.
WHEREAS, the Fund and the Custodian entered into a Custodian Contract
dated as of July 31, 1986 (as amended and in effect from time to time, the
"Contract"); and
WHEREAS, the Fund and the Custodian desire to amend the Contract to
reflect the addition of a provision entitled Shareholder Communications
Election, regarding beneficial ownership disclosure (Rule 14b-2 under the
Securities Exchange Act of 1934, referred to herein as "SEC Rule 14b-2").
NOW THEREFORE, in consideration of the foregoing and the mutual
covenants and agreements hereinafter contained, the parties hereby agree to
amend the Contract, by adding the following Section 21 to the Contract, as set
forth below:
SECTION 21. SHAREHOLDER COMMUNICATIONS ELECTION
SEC Rule 14b-2 requires banks which hold securities for the account of customers
to respond to requests by issuers of securities for the names, addresses and
holdings of beneficial owners of securities of that issuer held by the bank
unless the beneficial owner has expressly objected to disclosure of this
information. In order to comply with the rule, the Custodian needs the Fund to
indicate whether it authorizes the Custodian to provide the Fund's name,
address, and share position to requesting companies whose securities the Fund
owns. If the Fund tells the Custodian "no", the Custodian will not provide this
information to requesting companies. If the Fund tells the Custodian "yes" or
does not check either "yes" or "no" below, the Custodian is required by the rule
to treat the Fund as consenting to disclosure of this information for all
securities owned by the Fund or any funds or accounts established by the Fund.
For the Fund's protection, the Rule prohibits the requesting company from using
the Fund's name and address for any purpose other than corporate communications.
Please indicate below whether the Fund consents or objects by checking one of
the alternatives below.
YES [ ] The Custodian is authorized to release the Fund's name, address, and
share positions.
NO [X] The Custodian is not authorized to release the Fund's name, address, and
share positions.
IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed in its name and behalf by its duly authorized representative as of the
date first above written.
WITNESSED BY: STATE STREET BANK and TRUST COMPANY
/s/ Xxxx X. Xxxx
-------------------------
Xxxx X. Xxxx By: /s/ Xxxxxx X. Xxxxxx
Assistant Vice President -------------------------------------
& Associate Counsel Name: Xxxxxx X. Xxxxxx
Title: Executive Vice President
WITNESSED BY: JANUS INVESTMENT FUND
/s/ Xxxxxxxxx X. Xxxxxx
-------------------------
Name: Xxxxxxxxx X. Xxxxxx By: /s/ Xxxxxx Xxxxxx Xxxxx
Title: Assistant Secretary -------------------------------------
Name: Xxxxxx Xxxxxx Xxxxx
Title: Vice President
