BORROWER AND DOMESTIC SUBSIDIARY GUARANTEE AND COLLATERAL AGREEMENTBorrower and Domestic Subsidiary Guarantee and Collateral Agreement • March 24th, 2005 • Scotts Miracle-Gro Co • Agricultural chemicals • New York
Contract Type FiledMarch 24th, 2005 Company Industry JurisdictionTHIS BORROWER AND DOMESTIC SUBSIDIARY GUARANTEE AND COLLATERAL AGREEMENT, dated as of December 4, 1998, made by each of the signatories hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of THE CHASE MANHATTAN BANK, as Administrative Agent (in such capacity, the “Administrative Agent”) for the banks and other financial institutions (the “Lenders”) from time to time parties to the Credit Agreement, dated as of December 4, 1998 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among The Scotts Company, an Ohio corporation (the “Borrower”), the Subsidiary Borrowers, the Lenders, the Administrative Agent, Credit Lyonnais Chicago Branch, as Co-Documentation Agent, NBD Bank, as Co-Documentation Agent, and Salomon Smith Barney Inc., as Syndication Agent.