CEMEX, S. A.B. de C.V., a publicly traded stock corporation with variable capital (sociedad anónima bursátil de capital variable) organized under the laws of the United Mexican States (together with its successors and assigns, the “Issuer”), promises to pay interest on the principal amount of this Note at the rate per annum shown above. The Issuer will pay interest semiannually in arrears on each Interest Payment Date of each year commencing December 10, 2013; provided, that if any such Interest Payment Date is not a Business Day, then such payment shall be made on the next succeeding Business Day. Interest on the Notes will accrue from the most recent date to which interest has been paid on the Notes or, if no interest has been paid, from August 12, 2013; provided, that if there is no existing Default or Event of Default on the payment of interest, and if this Note is authenticated between a Record Date referred to on the face hereof and the next succeeding Interest Payment Date (but after August 12, 2013), interest shall accrue from such next succeeding Interest Payment Date, except in the case of the original issuance of Notes, in which case interest shall accrue from August 12, 2013. The Issuer shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal at the then applicable interest rate on the Notes to the extent lawful; it shall pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest (“Defaulted Interest”), without regard to any applicable grace period, at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months. Each interest period shall end on (but not include) the relevant interest payment date. All payments made by the Issuer in respect of the Notes will be made free and clear of and without deduction or withholding for or on account of any Taxes imposed or levied by or on behalf of any Taxing Jurisdiction, unless such withholding or deduction is required by law or by the interpretation or administration thereof. In that event, the Issuer will pay to each Holder of the Notes Additional Amounts as provided in the Indenture subject to the limitations set forth in the Indenture.
CEMEX, S. A.B. de C.V. (the “Parent”);
CEMEX, S. A. DE C.V., a company organised under the laws of Mexico whose place of business is at Xxxxxxx Xxxxxxxxxxxx 000 Xxxxxxxx, XX Xxx 000, Xxxxxxxx 00000, Mexico (the "Pledgor"),
CEMEX, S. A.B. de C.V. (the Borrower);
CEMEX, S. A.B. de C.V. (the “Borrower”);
CEMEX, S. A.B. de C.V. as obligors’ agent pursuant to clause 34.8 (Obligor Agent) of the Facilities Agreement in respect of each Obligor (other than itself and the Mexican Obligors) (the “Obligors’ Agent”);
CEMEX, S. A. de C.V. owns directly or indirectly all the economic and voting interests in Party B, free and clear of any lien, encumbrance or adverse interest.
CEMEX, S. A.B. DE C.V., an entity duly incorporated under the laws of Mexico with registered offices at Ciudad de Monterey, N.L. (México), Axxxxxx Xxxxxxxxxxxx, 000, Xxxxxxxx, Xxxx Centro, registered with the Federal Registry under the number CEM-880726-UZA and with tax identification number N-4121454-E (“Parent”). Hereinafter, Holding and Parent shall be jointly referred to as the “Pledgors”, and each of them individually, as a “Pldegor”.
CEMEX, S. A.B. de C.V. (the “Offeror”); and
CEMEX, S. A. de C.V. and some of its subsidiaries in Mexico have been notified of several tax assessments determined by the tax authorities in Mexico related to different tax periods, for approximately 4,806,400,000 Mexican Pesos. The tax assessments result primarily from: (i) recalculation of the inflationary tax deduction, since the tax authorities claim that "Advance Payments to Suppliers" and "Guaranty Deposits" are not by their nature credits; (ii) disallowed restatement of tax loss carryforwards in the same period in which they occurred; (iii) disallowed determination of tax loss carryforwards and; (iv) disallowed deduction of business asset taxes by the controlling entity because the tax authorities maintain that such deductions should be considered proportional to the equity interest that the controlling entity has in the controlled entities. The affected companies are pursuing all available legal actions in order to resolve these disputed tax assessments in CEMEX's favor. Schedule 3.16 Subsidiaries Part A - Material Subsidiaries; Restricted Subsidiaries Name Jurisdiction of Incorporation Percentage of common stock owned directly or indirectly by CEMEX, S.A. de C.V.
