Exhibit (h)(93)
THIRD AMENDMENT TO
AGREEMENT DATED DECEMBER 10, 2002
THIS THIRD AMENDMENT is made this 6th day of July, 2009, between JANUS
INVESTMENT FUND, a Massachusetts Business Trust (the "Trust"), and JANUS CAPITAL
MANAGEMENT LLC, a Delaware limited liability company ("JCM").
WITNESSETH
WHEREAS, the Trust and JCM are parties to an Agreement related to the
allocation of expenses incurred on behalf of Xxxxxxx Mid Cap Value Fund (the
"Fund"), dated December 10, 2002, as amended October 2, 2008 and December 31,
2008 (the "Agreement");
WHEREAS, the parties desire to amend the Agreement as set forth in greater
detail below;
WHEREAS, the name of the Investor Shares has been changed to Class J Shares
effective July 6, 2009;
WHEREAS, the name of the Institutional Shares has been changed to Class L
Shares effective July 6, 2009;
NOW, THEREFORE, in consideration of the premises and of the mutual
agreements set forth below, the parties agree to amend the Agreement as follows:
1. Paragraph 3 of the Agreement shall be deleted in its entirety and
replaced with the following:
"In addition to expenses specified in Section 2, Class J Shares and
Class L Shares of the Fund shall compensate JCM for additional
administrative services performed in connection with the inherited
share class structure of these assets from the merger of these assets
into the Fund. This fee shall be at the annual rate of 0.05% of the
average daily net assets of Class J Shares and Class L Shares of the
Fund, calculated daily and payable monthly."
2. The parties acknowledge that the Agreement, as amended, remains in full
force and effect as of the date of this Amendment, and that this Amendment,
together with the Agreement, contains the entire understanding and the full and
complete agreement of the parties and supercedes and replaces any prior
understandings and agreements among the parties respecting the subject matter
hereof.
3. 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 first above written.
JANUS CAPITAL MANAGEMENT LLC
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx, Senior Vice
President, Secretary and General
Counsel
JANUS INVESTMENT FUND
By: /s/ Xxxxxxxxx Xxxxxxxxxx-Xxxxxx
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Xxxxxxxxx Xxxxxxxxxx-Xxxxxx,
Vice President, Secretary and
Chief Legal Counsel
