AMENDMENT TO JANUS DETROIT STREET TRUST INVESTMENT ADVISORY AND MANAGEMENT AGREEMENT
Exhibit (d)(9)
AMENDMENT TO
INVESTMENT ADVISORY AND MANAGEMENT AGREEMENT
THIS AMENDMENT is made this 18th day of November, 2021, between JANUS DETROIT STREET TRUST, a Delaware statutory trust (the “Trust”), and JANUS CAPITAL MANAGEMENT LLC, a Delaware limited liability company (the “Adviser”), regarding the funds listed in Appendix A (each, a “Fund” and together, the “Funds”).
WITNESSETH:
WHEREAS, the Adviser and the Trust, on behalf of the Funds, are parties to an Investment Advisory and Management Agreement dated May 30, 2017 (the “Agreement”);
WHEREAS, the parties desire to amend the Agreement as set forth in greater detail below;
WHEREAS, pursuant to Section 11 of the Agreement, the Agreement 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 Adviser, Distributor, or of the Trust and is in writing and signed by the parties to the Agreement; and
WHEREAS, Appendices A and B are hereby replaced with the attached Appendices A and B to reflect the addition of the Xxxxx Xxxxxxxxx B-BBB CLO ETF and the liquidation of The Long-Term Care 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.
| JANUS CAPITAL MANAGEMENT LLC | ||
| By:/s/ Xxxxxxx Xxxxxx | ||
| Xxxxxxx Xxxxxx | ||
| Senior Vice President, Chief Accounting Officer and Treasurer | ||
| By:/s/ Xxxxxx Xxxxxxxx | ||
| Xxxxxx Xxxxxxxx | ||
| Vice President, Chief Financial Officer, Treasurer and Principal Accounting Officer | ||
2
Appendix A
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 Corporate Bond ETF
Xxxxx Xxxxxxxxx Sustainable Corporate & Impact Core Bond ETF
Xxxxx Xxxxxxxxx U.S. Real Estate ETF
Xxxxx Xxxxxxxxx U.S. Sustainable Equity ETF
3
Appendix B
Management Fee Rates
The Funds listed below will each be subject to the following Fee Schedule, effective May 1, 2020:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
|
$0-$500 million |
0.30 | % | ||
| Next $500 million |
0.25 | % | ||
| Over $1 billion |
0.20 | % | ||
| Funds | Ticker | |
|
Xxxxx Xxxxxxxxx Small Cap Growth Alpha ETF |
JSML | |
|
Xxxxx Xxxxxxxxx Small/Mid Cap Growth Alpha ETF |
JSMD | |
|
Xxxxx Xxxxxxxxx Short Duration Income ETF |
VNLA | |
| Xxxxx Xxxxxxxxx Mortgage-Backed Securities ETF |
JMBS |
The Fund listed below will be subject to the following Fee Schedule, effective October 14, 2020:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
| $0-$1 billion |
0.25 | % | ||
| Over $1 billion |
0.20 | % | ||
| Fund | Ticker | |
| Xxxxx Xxxxxxxxx AAA CLO ETF |
JAAA |
The Fund listed below will be subject to the following Fee Schedule, effective April 22, 2021:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
|
$0-$250 million |
0.65 | % | ||
| Next $750 million |
0.55 | % | ||
| Over $1 billion |
0.50 | % | ||
| Fund | Ticker | |
| Xxxxx Xxxxxxxxx U.S. Real Estate ETF |
JRE |
4
The Funds listed below will each be subject to the following Fee Schedule, effective July 22, 2021:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
|
$0-$250 million |
0.60 | % | ||
| Over $250 million |
0.55 | % | ||
| Funds | Ticker | |
|
Xxxxx Xxxxxxxxx International Sustainable Equity ETF |
SXUS | |
| Xxxxx Xxxxxxxxx Net Zero Transition Resources ETF |
JZRO |
The Fund listed below will be subject to the following Fee Schedule, effective July 22, 2021:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
|
$0-$250 million |
0.55 | % | ||
| Over $250 million |
0.50 | % | ||
| Fund | Ticker | |
| Xxxxx Xxxxxxxxx U.S. Sustainable Equity ETF |
SSPX |
The Fund listed below will be subject to the following Fee Schedule, effective July 22, 2021:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
|
$0-$500 million |
0.35 | % | ||
| Over $500 million |
0.30 | % | ||
| Fund | Ticker | |
| Xxxxx Xxxxxxxxx Sustainable Corporate Bond ETF |
SCRD |
The Fund listed below will be subject to the following Fee Schedule, effective July 22, 2021:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
|
$0-$500 million |
0.39 | % | ||
| Over $500 million |
0.35 | % | ||
| Fund | Ticker | |
| Xxxxx Xxxxxxxxx Sustainable & Impact Core Bond ETF |
JIB |
5
The Fund listed below will be subject to the following Fee Schedule, effective November 18, 2021:
| Assets Under Management |
Daily Net Assets (annual rate) | |||
| $0-$500 million |
0.49 | % | ||
| Over $500 million |
0.45 | % | ||
| Fund | Ticker | |
| Xxxxx Xxxxxxxxx B-BBB CLO ETF |
JBBB |
6
