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This excerpt taken from the CVS 8-K filed Mar 23, 2007. Plans
Each Employee Benefit
Plan of the Borrower,
each Subsidiary and each ERISA Affiliate is in compliance with ERISA and the
Internal Revenue Code, where applicable, except where the failure to so comply
would not be material. The Borrower, each Subsidiary and each ERISA Affiliate
have complied with the material requirements of Section 515 of ERISA with
respect to each Pension Plan which is a Multiemployer Plan, except where the
failure to so comply would not be material. The Borrower, each Subsidiary and
each ERISA Affiliate has, as of the date hereof, made all contributions or
payments to or under each Pension Plan required by law or the terms of such
Pension Plan or any contract or agreement. No liability to the PBGC has been,
or
is reasonably expected by the Borrower, any Subsidiary or any ERISA Affiliate
to
be, incurred by the Borrower, any Subsidiary or any ERISA Affiliate. Liability,
as referred to in this Section 4.11, includes any joint and several liability,
but excludes any current or, to the extent it represents future liability in
the
ordinary course, any future liability for premiums under Section 4007 of ERISA.
Each Employee Benefit Plan which is a group health plan within the meaning
of
Section 5000(b)(1) of the Internal Revenue Code is in material compliance with
the continuation of health care coverage requirements of Section 4980B of the
Internal Revenue Code and with the portability, nondiscrimination and other
requirements of Sections 9801, 9802, 9803, 9811 and 9812 of the Internal Revenue
Code.
4.12 |
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