FIRST AMENDMENT TO TRUST AGREEMENT BETWEEN FIDELITY MANAGEMENT TRUST COMPANY AND THE SCOTTS COMPANY
EXHIBIT 10.5(b)(ii)
THIS FIRST AMENDMENT, dated as of the twenty-fourth day of March, 1998, 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 Nonqualified Deferred Compensation 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: |
| - | Fidelity Money Market Trust: Retirement Money Market Portfolio |
| (2) | Amending the “money classifications” section of Schedule “A” to add the following: |
| - | Incentive Deferral |
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this First 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:
|
/s/ Xxxxxxxx X. Xxxxx 3/23/98 | By: | /s/ Xxxxxx XxXxxxxxxxx | 4/7/08 | ||||||||
| Date | Vice President | Date | ||||||||||
