EX-99.(D)(5) 3 d43008dex99d5.htm AMENDMENT TO INVESTMENT ADVISORY AND MANAGEMENT AGREEMENT BY AND BETWEEN JANUS D Amendment to Investment Advisory and Management Agreement by and between Janus D

AMENDMENT TO

JANUS DETROIT STREET TRUST

INVESTMENT ADVISORY AND MANAGEMENT AGREEMENT

THIS AMENDMENT is made this 23rd day of April, 2020, 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; and

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;

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.        Appendix B is hereby replaced with the attached Appendix B to reflect changes to the management fee rates.

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 supersedes 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 and year first above written.

 

JANUS CAPITAL MANAGEMENT LLC
By: /s/ Nick Cherney                          
      Nick Cherney
      Head of Exchange Traded Products
JANUS DETROIT STREET TRUST
By: /s/ Jesper Nergaard                      
      Jesper Nergaard

Vice President, Chief Financial Officer and Treasurer

 

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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%

 

Fund    Ticker                                                      
Janus Henderson Small Cap Growth Alpha ETF    JSML    
Janus Henderson Small/Mid Cap Growth Alpha ETF    JSMD    
The Long-Term Care ETF    OLD    
Janus Henderson Short Duration Income ETF    VNLA    
Janus Henderson Mortgage-Backed Securities ETF    JMBS    

 

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