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This excerpt taken from the CVS 10-Q filed Aug 9, 2005. FORM OF COMMITMENT INCREASE SUPPLEMENT
COMMITMENT INCREASE SUPPLEMENT, dated as of , to the Five Year Credit Agreement, dated as of June 3, 2005, by and among CVS Corporation (the “Borrower”), the Lenders party thereto, the co-syndication agents named therein, the documentation agent named therein, and The Bank of New York, as Administrative Agent (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”). Capitalized terms used herein that are not otherwise defined herein shall have the respective meanings ascribed thereto in the Credit Agreement.
1. Pursuant to Section 2.12 of the Credit Agreement, the Borrower hereby proposes to increase (the “Increase”) the Aggregate Commitment Amount from $ to $ .
2. Each of the following Lenders (each an “Increasing Lender”) has been invited by the Borrower, and is ready, willing and able, to increase its Commitment as follows:
3. Each of the following Persons (each a “Proposed Lender”) has been invited by the Borrower, and is ready, willing and able, to become a “Lender” and provide a Commitment under the Credit Agreement as follows:
4. The Borrower hereby represents and warrants to the Administrative Agent, each Lender and each such Proposed Lender that (i) immediately before and after giving effect to the Increase, no Default or Event of Default exists or would exist and (ii) the Increase is in all respects in compliance with the terms and conditions of the Credit Agreement.
5. Pursuant to Section 2.12 of the Credit Agreement, by execution and delivery of this Supplement, together with the satisfaction of all of the other requirements set forth in such Section 2.12, (i) each Increasing Lender shall have, on and as of the effective date of the Increase, a Commitment equal to the amount set forth above next to its name, and (ii) each Proposed Lender shall be deemed to be a “Lender” under, and as such term is defined in, the Credit Agreement, and shall have a Commitment equal to the amount set forth above next to its name.
IN WITNESS WHEREOF, the parties hereto have caused this Commitment Increase Supplement to be duly executed and delivered by their proper and duly authorized officers as of the day and year first above written.
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