JOINDER AGREEMENTJoinder Agreement • May 11th, 2006 • Scotts Miracle-Gro Co • Agricultural chemicals • New York
JOINDER AGREEMENT, dated as of February 23, 2006, made by each of the corporations that are signatories hereto (the “Subsidiary Borrowers”), in favor of JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the several banks and other financial institutions (the “Lenders”) from time to time parties to the Revolving Credit Agreement, dated as of July 21, 2005, by and among The Scotts Miracle-Gro Company, an Ohio corporation (the “Borrower” or “Scotts”), certain subsidiaries of the Borrower from time to time parties thereto (the “Subsidiary Borrowers”), the several banks and other financial institutions from time to time parties thereto (the “Lenders”), Bank of America, N.A. and Citicorp North America, Inc., as Syndication Agents, Bank of Tokyo-Mitsubishi Trust Company, BNP Paribas, CoBank, ACB, Harris, N.A., Rabobank International, and Suntrust Bank, as Documentation Agents (as amended, supplemented, waived or otherwise modified from time
COMMITMENT INCREASE SUPPLEMENTScotts Miracle-Gro Co • May 11th, 2006 • Agricultural chemicals
SUPPLEMENT, dated February 24, 2006, to the Revolving Credit Agreement, dated as of July 21, 2005 (as amended, supplemented, waived or otherwise modified from time to time, the “Credit Agreement”), by and among The Scotts Miracle-Gro Company, an Ohio corporation (the “Borrower”), the subsidiaries of the Borrower from time to time parties thereto (the “Subsidiary Borrowers”), the several banks and other financial institutions from time to time parties thereto (the “Lenders”), Bank of America, N.A. and Citicorp North America, Inc., as Syndication Agents, Bank of Tokyo-Mitsubishi Trust Company, BNP Paribas, CoBank, ACB, Harris, N.A., Rabobank International, and Suntrust Bank, as Documentation Agents and JPMorgan Chase Bank, N.A. (together with its banking affiliates, as agent for the Lenders (in such capacity, the “Administrative Agent”).
COMMITMENT INCREASE SUPPLEMENTScotts Miracle-Gro Co • May 11th, 2006 • Agricultural chemicals
SUPPLEMENT, dated February 24, 2006, to the Revolving Credit Agreement, dated as of July 21, 2005 (as amended, supplemented, waived or otherwise modified from time to time, the “Credit Agreement”), by and among The Scotts Miracle-Gro Company, an Ohio corporation (the “Borrower”), the subsidiaries of the Borrower from time to time parties thereto (the “Subsidiary Borrowers”), the several banks and other financial institutions from time to time parties thereto (the “Lenders”), Bank of America, N.A. and Citicorp North America, Inc., as Syndication Agents, Bank of Tokyo-Mitsubishi Trust Company, BNP Paribas, CoBank, ACB, Harris, N.A., Rabobank International, and Suntrust Bank, as Documentation Agents and JPMorgan Chase Bank, N.A. (together with its banking affiliates, as agent for the Lenders (in such capacity, the “Administrative Agent”).
ASSUMPTION AGREEMENTAssumption Agreement • May 11th, 2006 • Scotts Miracle-Gro Co • Agricultural chemicals • New York
This ASSUMPTION AGREEMENT, dated as of February 23, 2006, made by SMG Growing Media, Inc., an Ohio corporation (“SMGGM”) and Rod McLellan Company, a California corporation (“McLellan”, and together with SMGGM, collectively the “Additional Grantors”), in favor of JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) parties to the Credit Agreement referred to below. All capitalized terms not defined herein shall have the meaning ascribed to them in such Credit Agreement.
FIRST AMENDMENTScotts Miracle-Gro Co • May 11th, 2006 • Agricultural chemicals • New York
FIRST AMENDMENT, dated as of March 2, 2006 (this “First Amendment”), to the Revolving Credit Agreement (the “Credit Agreement”), dated as of July 21, 2005, by and among The Scotts Miracle-Gro Company, an Ohio corporation (the “Borrower”), the Subsidiary Borrowers from time to time parties to this agreement, the several banks and other financial institutions from time to time parties to this Agreement (the “Lenders”), the Syndication Agents and Documentation Agents named therein, and JPMorgan Chase Bank, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
ASSUMPTION AGREEMENTAssumption Agreement • May 11th, 2006 • Scotts Miracle-Gro Co • Agricultural chemicals • New York
This ASSUMPTION AGREEMENT, dated as of February 23, 2006, made by Gutwein & Co., Inc., an Indiana corporation (the “Additional Grantor”), in favor of JPMorgan Chase Bank, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) parties to the Credit Agreement referred to below. All capitalized terms not defined herein shall have the meaning ascribed to them in such Credit Agreement.
