AMENDMENT TO JANUS DETROIT STREET TRUST DISTRIBUTION AGREEMENT
AMENDMENT TO
THIS AMENDMENT is made this 25th day of May, 2016, between JANUS DETROIT STREET TRUST, a Delaware statutory trust (the “Fund”), and ALPS DISTRIBUTORS, INC., a Colorado Corporation (“ALPS”), regarding the Portfolios listed in Appendix A (each, a “Portfolio” and together, the “Portfolios”).
WITNESSETH:
WHEREAS, the Fund and ALPS, on behalf of the Portfolios, are parties to a Distribution Agreement dated February 10, 2016 (the “Agreement”);
WHEREAS, the parties desire to amend the Agreement as set forth in greater detail below;
WHEREAS, pursuant to Section 22 of the Agreement, the Agreement may only be amended by the parties in writing. All material amendments to the Agreement must be approved by votes of both the Board of Trustees and a majority of the Trustees of the Fund who are not interested persons (as defined in the 1940 Act), voting in person at a meeting called for the purpose of voting on the Agreement; and
WHEREAS, Appendix A is hereby replaced with the attached Appendix A to reflect the addition of The Organics ETF, The Long-Term Care ETF, The Health and Fitness ETF, and The Obesity ETF.
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. 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 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.
| ALPS DISTRIBUTORS, INC. | ||
| By: |
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| By: |
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| Xxxxxxxxx Xxxxxxxxxx | ||
| Vice President, Chief Legal Counsel and Secretary | ||
2
Revised: May 31, 2016
APPENDIX A
LIST OF PORTFOLIOS
| Janus Small Cap Growth Alpha ETF |
JSML | |
| Janus Velocity Volatility Hedged Large Cap ETF1 |
SPXH | |
| Janus Velocity Tail Risk Hedged Large Cap ETF1 |
TRSK | |
| Janus Small/Mid Cap Growth Alpha ETF |
JSMD | |
| The Organics ETF |
ORG | |
| The Long-Term Care ETF |
OLD | |
| The Health and Fitness ETF |
FITS | |
| The Obesity ETF |
SLIM |
1 Portfolios will not be operational until shareholder approval is obtained to merge the existing series of ALPS ETF Trust with the same name into the Fund.
