SECOND AMENDMENT TO AMENDED AND RESTATED GLOBAL CUSTODY AGREEMENT
Exhibit (g)(1)(b)
Execution Copy
SECOND AMENDMENT TO AMENDED AND RESTATED
This SECOND AMENDMENT, dated as of November 18, 2021 (the “Amendment”) to the AMENDED AND RESTATED GLOBAL CUSTODY AGREEMENT (the “Agreement”) dated June 8, 2021, as amended on June 8, 2021, among JPMORGAN CHASE BANK, N.A. (“X.X. Xxxxxx”), with a place of business at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000; JANUS DETROIT STREET TRUST (the “Customer”), a Delaware statutory trust with a place of business at 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxx 00000 acting on behalf of each Fund listed in Annex I, and JANUS CAPITAL MANAGEMENT LLC as investment manager of Customer and to the extent specified in the Agreement (“Manager”) with a place of business at 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxx 00000.
WHEREAS, Customer, Manager, and X.X. Xxxxxx entered into the Agreement pursuant to which X.X. Xxxxxx was appointed to provide certain services, and the parties to the Agreement now wish to amend Annex I - Funds of the Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth hereafter, the parties hereto agree as follows:
| 1. | Amendments. Customer, Manager, and X.X. Xxxxxx hereby agree to amend the Agreement as follows: |
| a. | Annex I to the Agreement is hereby deleted in its entirety and replaced with Annex I attached hereto. |
| 2. | Miscellaneous. |
| a. | As modified and amended hereby, the parties hereto hereby ratify, approve and confirm the Agreement in all respects, and save as varied by this Amendment, the Agreement shall remain in full force and effect. |
| b. | This Amendment may be executed in counterparts each of which will be deemed an original. |
| c. | All references to the “Agreement” shall refer to the Agreement, as amended by this Amendment. |
| d. | This Amendment shall be effective as of the date first written above. |
| e. | Except as specifically amended hereby, all other terms and conditions of the Agreement shall remain unchanged and the Agreement shall continue in full force and effect. |
| f. | This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. |
| g. | This Amendment shall be governed by, and construed in accordance with, the law of the State of New York, without regard to laws as to conflicts of laws. |
| h. |
[Signature Page Follows]
Execution Copy
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
| By:/s/ Xxxxxx Xxxxxxxx | ||
| Name: Xxxxxx Xxxxxxxx | ||
| Title: Vice President, Chief Financial Officer, Treasurer and Principal Accounting Officer | ||
| JANUS CAPITAL MANAGEMENT LLC | ||
| By:/s/ Xxxx Xxxxxxx | ||
| Name: Xxxx Xxxxxxx | ||
| Title: Head of Exchange Traded Products | ||
| JPMORGAN CHASE BANK, N.A. | ||
| By:/s/ Xxxx Xxxxxxx | ||
| Name: Xxxx Xxxxxxx | ||
| Title: Vice President | ||
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Execution Copy
Annex I
| ◾ | 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 |
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