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This excerpt taken from the CVS 8-K filed Nov 2, 2006. . Other Definitional and Interpretative Provisions. The
words “hereof”, “herein” and “hereunder”
and words of like import used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The captions herein are included for convenience of reference only and shall be ignored in the
construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specified. All Exhibits and Schedules annexed hereto or referred to
herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein, shall have the meaning as defined in this Agreement. Any
singular term in this Agreement shall be deemed to include the plural and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be
followed by the phrase “but not limited to”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and
comparable terms refer to printing, typing and other means of reproducing words
(including electronic media) in a visible form. References to any agreement or
contract are to that agreement or contract as amended, modified or supplemented
from time to time in accordance with the terms hereof and thereof; provided that
with respect to any agreement or contract listed on the CVS Disclosure Schedule,
the Caremark Disclosure Schedule or any other schedule to this Agreement, all
such amendments, modifications or supplements must also be listed in the appropriate
schedule (subject in all cases to the terms of Section 11.05) . Any reference
in this Agreement to a statute shall be to that statute, as amended from time
to time, and to the rules and regulations promulgated at that time under that
statute. References to any Person include the successors and permitted assigns
of that Person. References from or through any date mean, unless otherwise specified,
from and including or through and including, respectively. References to “law” or “laws” shall
be deemed also to include any Applicable Law.
ARTICLE 2 Section 2.01. The Merger. (a) At the Effective Time, MergerSub shall be merged (the “Merger”) with and into Caremark in accordance with Delaware 7 Law, at which time the separate existence of MergerSub shall cease, and Caremark shall be the surviving corporation (the “ This excerpt taken from the CVS DEFA14A filed Nov 2, 2006. . Other Definitional and Interpretative Provisions. The
words “hereof”, “herein” and “hereunder”
and words of like import used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The captions herein are included for convenience of reference only and shall be ignored in the
construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specified. All Exhibits and Schedules annexed hereto or referred to
herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein, shall have the meaning as defined in this Agreement. Any
singular term in this Agreement shall be deemed to include the plural and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be
followed by the phrase “but not limited to”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and
comparable terms refer to printing, typing and other means of reproducing words
(including electronic media) in a visible form. References to any agreement or
contract are to that agreement or contract as amended, modified or supplemented
from time to time in accordance with the terms hereof and thereof; provided that
with respect to any agreement or contract listed on the CVS Disclosure Schedule,
the Caremark Disclosure Schedule or any other schedule to this Agreement, all
such amendments, modifications or supplements must also be listed in the appropriate
schedule (subject in all cases to the terms of Section 11.05) . Any reference
in this Agreement to a statute shall be to that statute, as amended from time
to time, and to the rules and regulations promulgated at that time under that
statute. References to any Person include the successors and permitted assigns
of that Person. References from or through any date mean, unless otherwise specified,
from and including or through and including, respectively. References to “law” or “laws” shall
be deemed also to include any Applicable Law.
ARTICLE 2 Section 2.01. The Merger. (a) At the Effective Time, MergerSub shall be merged (the “Merger”) with and into Caremark in accordance with Delaware 7 Law, at which time the separate existence of MergerSub shall cease, and Caremark shall be the surviving corporation (the “ | EXCERPTS ON THIS PAGE:
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