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This excerpt taken from the CVS 8-K filed Mar 23, 2007. “Contingent
Obligation”: as to any Person (the
“secondary
obligor”),
any obligation of
such secondary obligor (a) guaranteeing or in effect guaranteeing any return
on
any investment made by another Person, or (b) guaranteeing or in effect
guaranteeing any Indebtedness, lease, dividend or other obligation
(“primary
obligation”)
of any other Person (the “primary
obligor”)
in any manner, whether directly or
indirectly, including any obligation of such secondary obligor, whether or
not
contingent, (i) to purchase any such primary obligation or any Property
constituting direct or indirect security therefor, (ii) to advance or supply
funds (A) for the purchase or payment of any such primary obligation or (B)
to
maintain working capital or equity capital of the primary obligor or otherwise
to maintain the net worth or solvency of the primary obligor, (iii) to purchase
Property, securities or services primarily for the purpose of assuring the
beneficiary of any such primary obligation of the ability of the primary obligor
to make payment of such primary obligation, (iv) otherwise to assure or hold
harmless the beneficiary of such primary obligation
5 against loss in
respect
thereof, and (v) in respect of the Indebtedness of any partnership in which
such
secondary obligor is a general partner, except to the extent that such
Indebtedness of such partnership is nonrecourse to such secondary obligor and
its separate Property, provided that
the term
“Contingent
Obligation”
shall not include the indorsement of instruments for deposit or
collection in the ordinary course of business.
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