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This excerpt taken from the CVS 8-K filed Feb 13, 2007. Waiver Agreement”). Capitalized terms used herein and otherwise defined shall have
the respective meanings assigned to them in the Waiver Agreement.
The parties hereto agree that the Waiver Agreement is hereby amended by deleting the reference to “$2.00” in the fourth line of the first paragraph thereof and replacing it with “$6.00” . Except as specifically amended by this letter agreement, the Waiver Agreement will remain unchanged, and as amended hereby the Waiver Agreement remains in full force and effect. Article 11 of the Merger Agreement (other than Section 11.04 thereof) is hereby incorporated by reference into this letter agreement and shall apply to this letter agreement equally as if set forth fully herein. This letter agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. * * * * * This letter agreement shall be effective on the date first set forth above. If you agree with the foregoing, please indicate your agreement by signing in the place indicated below.
Accepted and agreed as of
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