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This excerpt taken from the SMG DEF 14A filed Dec 19, 2008. SHAREHOLDER
PROPOSALS FOR 2010 ANNUAL MEETING
Proposals of shareholders intended to be presented at the 2010
Annual Meeting of Shareholders must be received by the Corporate
Secretary of the Company no later than August 24, 2009, to
be eligible for inclusion in the Company’s form of proxy,
notice of meeting and proxy statement relating to the 2010
Annual Meeting. The Company will not be required to include in
its form of proxy, notice of meeting or proxy
Table of Contents
statement a shareholder proposal that is received after that
date or that otherwise fails to meet the requirements for
shareholder proposals established by applicable SEC Rules.
The SEC has promulgated rules relating to the exercise of
discretionary voting authority pursuant to proxies solicited by
the Board of Directors. If a shareholder intends to present a
proposal at the 2010 Annual Meeting of Shareholders without the
inclusion of that proposal in the Company’s proxy materials
and written notice of the proposal is not received by the
Corporate Secretary of the Company by November 7, 2009, or
if the Company meets other requirements of the applicable SEC
Rules, the proxies solicited by the Board of Directors for use
at the 2010 Annual Meeting of Shareholders will confer
discretionary authority to the individuals acting under the
proxies to vote on the proposal at the 2010 Annual Meeting of
Shareholders.
In each case, written notice must be given to the Company’s
Corporate Secretary at the following address: The Scotts
Miracle-Gro Company, 14111 Scottslawn Road, Marysville, Ohio
43041, Attn: Corporate Secretary.
The Company’s 2010 Annual Meeting of Shareholders is
currently scheduled to be held on January 21, 2010.
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