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Exhibit (g)(1)(e)
FIFTH AMENDMENT TO AMENDED AND RESTATED
GLOBAL CUSTODY AGREEMENT
This FIFTH AMENDMENT, dated as of October 24, 2024 (the "Amendment") to the AMENDED AND RESTATED GLOBAL CUSTODY AGREEMENT (the “Agreement”) dated June 8, 2021, as amended on August 9, 2021,November 18, 2021, October 19, 2023, and July 11, 2024 among JPMORGAN CHASE BANK, N.A. (“J.P. Morgan”), with a place of business at 383 Madison Avenue, New York, New York 10179; JANUS DETROIT STREET TRUST (the “Customer”), a Delaware statutory trust with a place of business at 151 Detroit Street, Denver, Colorado 80206 acting on behalf of each Fund listed in Annex I, and JANUS HENDERSON INVESTORS US LLC as investment manager of Customer and to the extent specified in the Agreement (“Manager”) with a place of business at 151 Detroit Street, Denver, Colorado 80206.
WHEREAS, Customer, Manager, and J.P. Morgan entered into the Agreement pursuant to which J.P. Morgan 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 J.P. Morgan 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. |
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.
| JANUS DETROIT STREET TRUST | |||
| By: | /s/ Jesper Nergaard | ||
| Name: | Jesper Nergaard | ||
| Title: | Vice President, Chief Financial Officer, Treasurer and Principal Accounting Officer |
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JANUS HENDERSON INVESTORS US LLC |
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| By: | /s/ Nick Cherney | ||
| Name: | Nick Cherney | ||
| Title: | Head of Innovation | ||
| JPMORGAN CHASE BANK, N.A. | |||
| By: | /s/ Carl Mehldau | ||
| Name: | Carl Mehldau | ||
| Title: | Executive Director | ||
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Annex I
| · | Janus Henderson AAA CLO ETF |
| · | Janus Henderson B-BBB CLO ETF |
| · | Janus Henderson Emerging Markets Debt Hard Currency ETF |
| · | Janus Henderson Income ETF |
| · | Janus Henderson Mid Cap Growth Alpha ETF |
| · | Janus Henderson Mortgage-Backed Securities ETF |
| · | Janus Henderson Securitized Income ETF |
| · | Janus Henderson Short Duration Income ETF |
| · | Janus Henderson Small Cap Growth Alpha ETF |
| · | Janus Henderson Small/Mid Cap Growth Alpha ETF |
| · | Janus Henderson Corporate Bond ETF |
| · | Janus Henderson U.S. Real Estate ETF |
| · | Janus Henderson U.S. Sustainable Equity ETF |
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