AMENDMENT TO JANUS DETROIT STREET TRUST DISTRIBUTION AND SHAREHOLDER SERVICING PLAN
Exhibit (m)(5)
AMENDMENT TO
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”), Xxxxx Xxxxxxxxx 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 Xxxxx Xxxxxxxxx Securitized Income ETF and the liquidation of Xxxxx Xxxxxxxxx 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.
| XXXXX XXXXXXXXX DISTRIBUTORS US LLC | ||
| By: |
/s/Xxxxxxx Xxxxxxxxxx | |
| Xxxxxxx Xxxxxxxxxx | ||
| President | ||
| By: |
/s/Xxxxxx Xxxxxxxx | |
| Xxxxxx Xxxxxxxx | ||
| Vice President, Chief Financial Officer, Treasurer and Principal Accounting Officer | ||
| ALPS DISTRIBUTORS, INC. | ||
| By: |
/s/Xxxxxxx X. Xxxxx | |
| Xxxxxxx X. Xxxxx | ||
| Senior Vice President, Chief Compliance Officer | ||
2
EXHIBIT A TO THE
DISTRIBUTION AND SHAREHOLDER SERVICING PLAN
| Name of Fund |
Effective Date of the Plan | |
| Xxxxx Xxxxxxxxx Mortgage-Backed Securities ETF |
September 12, 2018 | |
| Xxxxx Xxxxxxxxx AAA CLO ETF |
October 14, 2020 | |
| Xxxxx Xxxxxxxxx U.S. Real Estate ETF |
April 22, 2021 | |
| Xxxxx Xxxxxxxxx International Sustainable Equity ETF Xxxxx Xxxxxxxxx Net Zero Transition Resources ETF** Xxxxx Xxxxxxxxx Sustainable Corporate Bond ETF Xxxxx Xxxxxxxxx Sustainable & Impact Core Bond ETF Xxxxx Xxxxxxxxx U.S. Sustainable Equity ETF |
July 22, 2021 | |
| Xxxxx Xxxxxxxxx B-BBB CLO ETF |
November 18, 2021 | |
| Xxxxx Xxxxxxxxx Securitized Income ETF |
October 19, 2023 | |
** Xxxxx Xxxxxxxxx Net Zero Transition Resources ETF will be liquidated on or about October 24, 2023.
3
