SECOND AMENDMENT TO AMENDED AND RESTATED FUND SERVICES AGREEMENT
Exhibit (h)(2)(b)
SECOND AMENDMENT TO AMENDED AND
RESTATED FUND SERVICES AGREEMENT
This Second Amendment (“Amendment”) to the AMENDED AND RESTATED FUND SERVICES AGREEMENT, dated June 8, 2021, as amended on August 9, 2021 (the “Agreement”) between JANUS CAPITAL MANAGEMENT LLC (“Customer”) and JPMORGAN CHASE BANK, N.A. (“X.X. Xxxxxx”), is made and entered into as of November 18, 2021 by the same parties.
W I T N E S S E T H:
WHEREAS, the Customer and X.X. Xxxxxx entered into the Agreement;
WHEREAS, the Customer requests that X.X. Xxxxxx provide its services to a new series of the Janus Detroit Street Trust, the Xxxxx Xxxxxxxxx JBBB CLO ETF (“New Series”) under the terms and conditions set forth in the Agreement (“Services”) and also update the Agreement’s Annex I to reflect the liquidation of The Long-Term Care ETF; and
WHEREAS, X.X. Xxxxxx agrees to provide the Services pursuant to the terms and conditions set forth in the Agreement with respect to the New Series.
NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties hereby agree as follows:
1. | Definitions. Unless otherwise defined herein, defined terms used in this Amendment shall have the meaning ascribed to such terms in the Agreement. |
2. | Amendments. The Agreement shall be amended as follows: |
(A) | Annex I of the Agreement is hereby deleted in its entirety and replaced with the updated and revised Annex I attached hereto. |
(B) | Save as amended by this Amendment, the Agreement shall remain in full force and effect. |
3. | Representations. Each party represents to the other parties that all representations contained in the Agreement are true and accurate as of the date of this Amendment, and that such representations are deemed to be given or repeated by each party, as the case may be, on the date of this Amendment. |
4. | Entire Agreement. This Amendment and the Agreement and any documents referred to in each of them, constitutes the whole agreement between the parties relating to their subject matter and supersedes and extinguishes any other drafts, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. If any of the provisions of this Amendment are inconsistent with or in conflict with any of the provisions of the Agreement then, to the extent of any such inconsistency or conflict, the provisions of this Amendment shall prevail as between the parties. |
5. | Counterparts. This Amendment may be executed in any number of counterparts which together shall constitute one agreement. Each party hereto may enter into this Amendment by executing a counterpart and this Amendment shall not take effect until it has been executed by both parties. |
6. | Law and Jurisdiction. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York. |
Exhibit (h)(2)(b)
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
JANUS CAPITAL MANAGEMENT LLC |
JPMORGAN CHASE BANK, N.A. | |
By:/s/ Xxxx Xxxxxxx |
By:/s/ Xxxxxxx Xxxx | |
Name: Xxxx Xxxxxxx |
Name: Executive Director | |
Title: Head of Exchange Traded Products |
Title: Executive Director |
EXECUTION COPY
Annex I
List of Funds
Amendment dated November 18, 2021 to the Amended and Restated Fund Services
Agreement dated June 8, 2021.
◾ | 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 Net Zero Transition Resources 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 & Impact Core Bond ETF |
◾ | Xxxxx Xxxxxxxxx Sustainable Corporate Bond ETF |
◾ | Xxxxx Xxxxxxxxx U.S. Real Estate ETF |
◾ | Xxxxx Xxxxxxxxx U.S. Sustainable Equity ETF |