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Title: |
Terms Agreement |
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Entities: |
Banc of America Securities LLC; McCormick & Co. Inc.; Wachovia Capital Markets, LLC |
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Date: |
2004 |
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Size: |
12KB total |
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Price: |
$36 |
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ID: |
#440328 |
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McCormick & Company, Incorporated
Medium Term Notes
Terms Agreement
March 29, 2004
Wachovia Capital Markets, LLC
One Wachovia Center, TW-7
301 South College Street
Charlotte, NC 28288-0602
Ladies and Gentlemen:
McCormick & Company, Incorporated (the Company) proposes, subject to the terms and conditions stated herein and in the Distribution Agreement, dated January 23, 2001 (the Distribution Agreement), between the Company on the one hand and Goldman, Sachs & Co. on the other, to issue and sell to Wachovia Capital Markets, LLC (the Agent) the securities specified in the Schedule hereto (the Purchased Securities). As contemplated by Section 2(a) of the Distribution Agreement, the Agent has executed a counterpart to the Distribution Agreement relating to the sale of the Purchased Securities. Each of the provisions of the Distribution Agreement (except to the extent that such provisions apply to Securities (as defined in the Distribution Agreement) other than the Purchased Securities) is incorporated herein by reference in its entirety, and shall be deemed to be part of this Terms Agreement to the same extent as if such provisions had been set forth in full herein. Nothing contained herein or in the Distribution Agreement shall make the Agent an agent of the Company or make the Agent subject to the provisions therein relating to Securities (other than the Purchased Securities) from the Company, solely by virtue of its execution of this Terms Agreement. Each of the representations and warranties set forth in the Distribution Agreement shall be deemed to have been made at and as of the date of this Terms Agreement, except that each representation and warranty in Section 1 of the Distribution Agreement which makes reference to the Prospectus (as therein defined) shall be deemed to be a representation and warranty as of the date of the Distribution Agreement in relation to the Prospectus, and also a representation and warranty as of the date of this Terms Agreement in relation to the Prospectus as amended and supplemented to relate to the Purchased Securities and as otherwise amended and supplemented.
An amendment to the Registration Statement (as defined in the Distribution Agreement), or a supplement to the Prospectus, as the case may be, relating to the Purchased Securities, in the form heretofore delivered to you is now proposed to be filed with the Commission (as defined in the Distribution Agreement).
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