NINTH AMENDMENT TO TRUST AGREEMENT BETWEEN FIDELITY MANAGEMENT TRUST COMPANY AND THE SCOTTS COMPANY
EXHIBIT 10.5(b)(x)
THIS NINTH AMENDMENT, dated as of the fifteenth day of October, 2004, by and between Fidelity
Management Trust Company (the “Trustee”) and The Scotts Company (the “Sponsor”);
WITNESSETH:
WHEREAS, the Trustee and the Sponsor heretofore entered into a Trust Agreement dated January
1, 1998 with regard to The Scotts Company Executive Retirement Plan (the “Plan”); and
WHEREAS, the Trustee and the Sponsor now desire to amend said Trust Agreement as provided for
in Section 14 thereof;
NOW THEREFORE, in consideration of the above premises, the Trustee and the Sponsor hereby
amend the Trust Agreement by:
| (1) | Amending the “investment options” section of Schedule “A”, to add the following: |
| • | CRM Small Cap Value Fund — Investor Class |
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Ninth Amendment to be
executed by their duly authorized officers effective as of the day and year first above written.
| THE SCOTTS COMPANY | FIDELITY MANAGEMENT TRUST COMPANY |
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By:
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/s/ Xxx Xxxxxx | By: | /s/ Xxxxx Xxxxx | 11/10/2004 | ||||||||
| FMTC Authorized Signatory | Date | |||||||||||
Name: |
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Title: |
Director, Benefits | |||||||||||
Date: |
10/8/2004 | |||||||||||
