0000950152-09-002427 Sample Contracts

Since 1897 December 19, 2008
Letter Agreement • March 10th, 2009 • Smucker J M Co • Canned, fruits, veg, preserves, jams & jellies • Ohio

The purpose of this letter agreement, together with the identical agreement that your brother is signing separately, is to preserve the value of your family’s historical involvement in the business and affairs of the Company in the event of your Separation from Service. Accordingly, this Agreement evidences your commitment to maintain your public representations of the Company for at least three years after Separation from Service, in consideration for the compensation described below, subject to the terms and conditions set forth in this Agreement. This letter agreement is a complete amendment and restatement, effective as of January 1, 2005, of the letter agreement between you and the Company dated May 1, 2002, and brings that agreement into compliance with the provisions of Internal Revenue Code Section (“IRC §”) 409A. Terms not defined herein will have the definitions set forth in Appendix I attached hereto and incorporated herein.

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