Eighth Amendment to Trust Agreement between Fidelity Management Trust Company and The Scotts Company
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Summary
This amendment, effective December 31, 2002, is between Fidelity Management Trust Company and The Scotts Company regarding The Scotts Company Executive Retirement Plan. It directs the Trustee to liquidate all participant balances in the Baron Asset Fund and Fidelity Worldwide Fund and reinvest the proceeds into specified alternative funds. The Trustee must follow the Sponsor's instructions without discretion. The amendment also updates the investment options in the Trust Agreement to remove the two liquidated funds.
EX-10.5.B.IX 15 l34070aexv10w5wbwix.htm EX-10.5.B.IX EX-10.5.B.IX
EXHIBIT 10.5(b)(ix)
EIGHTH AMENDMENT TO TRUST AGREEMENT BETWEEN
FIDELITY MANAGEMENT TRUST COMPANY AND
THE SCOTTS COMPANY
FIDELITY MANAGEMENT TRUST COMPANY AND
THE SCOTTS COMPANY
THIS EIGHTH AMENDMENT, dated as of the thirty-first day of December 31, 2002, 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 Sponsor now desires, and hereby directs the Trustee, in accordance with Section 7(b), on December 31, 2002: to liquidate all participant balances held in the Baron Asset Fund at its net asset value on such day, and to invest the proceeds in the Managers Special Equity Fund at its net asset value on such day; to liquidate all participant balances held in the Fidelity Worldwide Fund at its net asset value on such day, and to invest the proceeds in the EuroPacific Growth Fund — Class A at its net asset value on such day. The parties hereto agree that the Trustee shall have no discretionary authority with respect to these sales and transfers directed by the Sponsor. Any variation from the procedures described herein may be instituted only at the express written direction of the Sponsor; 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 delete the following: |
| • | Baron Asset Fund | ||
| • | Fidelity Worldwide Fund |
IN WITNESS WHEREOF, the Trustee and the Sponsor have caused this Eighth 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 | |||||||||||
By: | /s/ George A. Murphy 12/31/02 | By: | /s/ Rina Mayman | 2/4/03 | ||||||||
| Date | FMTC Authorized Signatory | Date | ||||||||||
