The J.M. Smucker Company 8-K
 

 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of report (Date of earliest event reported): April 25, 2007
The J. M. Smucker Company
(Exact Name of Registrant as Specified in Charter)
         
Ohio   1-5111   34-0538550
         
(State or Other
Jurisdiction
of Incorporation)
  (Commission File
Number)
  (I.R.S. Employer
Identification No.)
     
One Strawberry Lane
Orrville, Ohio
  44667-0280
 
(Address of Principal Executive Offices)   (Zip Code)
Registrant’s telephone number, including area code: (330) 682-3000
N/A
 
(Former Name or Former Address, if Changed Since Last Report)
     Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 

 


 

Item 1.01. Entry into a Material Definitive Agreement.
     On April 25, 2007, The J. M. Smucker Company (the “Company”) entered into a Second Amendment Agreement (the “Amendment”) with Smucker Foods of Canada Co., as Canadian Borrower, the lenders named therein, KeyBank National Association, as lead Arranger and Administrative Agent, and Bank of Montreal, as Canadian Funding Agent and Syndication Agent. The Amendment amends the Credit Agreement, dated as of June 18, 2004 (the “Credit Agreement”), by and among the Company, as U.S. Borrower, Smucker Foods of Canada Co., as Canadian Borrower, the lenders named therein, as lenders, KeyBank National Association, as lead Arranger and Administrative Agent, and Bank of Montreal, as Canadian Funding Agent and Syndication Agent.
     The Amendment provides that the entire amount of the revolving commitments can be made available to the Company or to the Canadian Borrower, or to each of them in any proportion as the borrowers may elect from time to time. In addition, certain definitions contained in the Credit Agreement were amended.
     The Amendment is attached to this Current Report on Form 8-K as Exhibit 10.1 and is hereby incorporated herein by reference. The foregoing summary of the Amendment is qualified in its entirety by reference to the full text of the Amendment attached hereto as Exhibit 10.1.
Item 9.01. Financial Statements and Exhibits.
     (d) Exhibits
     
Exhibit No.   Description
 
10.1
  Second Amendment Agreement, dated as of April 25, 2007, by and among The J. M. Smucker Company, as Borrower, Smucker Foods of Canada Co., as Canadian Borrower, the lenders named therein, KeyBank National Association, as lead Arranger and Administrative Agent, and Bank of Montreal, as Canadian Funding Agent and Syndication Agent

 


 

SIGNATURES
     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Date: April 30, 2007
         
  THE J. M. SMUCKER COMPANY
 
 
  By   /s/ Mark R. Belgya  
    Name:   Mark R. Belgya   
    Title:   Vice President, Chief Financial Officer and Treasurer   

 


 

EXHIBIT INDEX
     
Exhibit No.   Description
 
10.1
  Second Amendment Agreement, dated as of April 25, 2007, by and among The J. M. Smucker Company, as Borrower, Smucker Foods of Canada Co., as Canadian Borrower, the lenders named therein, KeyBank National Association, as lead Arranger and Administrative Agent, and Bank of Montreal, as Canadian Funding Agent and Syndication Agent