This excerpt taken from the CVS 8-K filed Mar 8, 2007.
Woonsocket, RI 02895
Caremark Rx, Inc.
Ladies & Gentlemen:
Reference is made to (i) that certain Waiver Agreement between CVS Corporation (CVS) and Caremark Rx, Inc. (Caremark), dated as of January 16, 2007 (the Original Waiver Agreement) and (ii) that certain amendment to the Waiver Agreement between CVS and Caremark, dated as of February 12, 2007 (the Initial Amendment; the Original Waiver Agreement, as amended by the Initial Amendment, the Waiver Agreement). Capitalized terms used herein and not 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 $6.00 in the fourth line of the first paragraph thereof and replacing it with $7.50 .
Furthermore, the parties hereto agree that, the Waiver Agreement shall be amended by deleting the fourth paragraph thereof (relating to the accelerated share repurchase) in its entirety and replacing it with the following:
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.
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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.