CVS » Topics » provided

This excerpt taken from the CVS 8-K filed Aug 15, 2006.
provided that any change to conform the terms of the Debt Securities to the description contained in this Indenture and any change to conform the terms of the Debt Securities to the “Description of Debt Securities” contained in the Prospectus dated May 16, 2006 (as such description may be supplemented or modified by any Prospectus Supplement thereto relating to particular Debt Securities) shall not be deemed to be adverse to any Holder of such Debt Securities.

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     Upon the request of the Company accompanied by a resolution of the Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.06, the Trustee shall join with the Company in the execution of any amended or supplemental Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations which may be contained therein, but the Trustee shall not be obligated to enter into such amended or supplemental Indenture which adversely affects its own rights, duties or immunities under this Indenture or otherwise.

     After an amendment, supplement or waiver under this Section 9.01 becomes effective, the Company shall mail to the Holders of Debt Securities of any series affected thereby a notice briefly describing any such amendment, supplement or waiver. Any failure of the Company to mail such notice, or any defect therein, shall not in any way impair or affect the validity of any such amended or supplemental Indenture or waiver. Subject to Section 6.04 and Section 6.07, the Holders of a majority in aggregate principal amount of the Debt Securities of such series then outstanding may waive compliance by the Company in any particular instance with any provision of this Indenture or the Debt Securities of such series.

     Section 9.02

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