RECITALSMexican Economic Development Inc • March 26th, 2004 • Bottled & canned soft drinks & carbonated waters
amongCredit Agreement • June 27th, 2003 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY RECEIPTS Amended and Restated Deposit Agreement Dated as of February 11, 2004 As Further Amended and Restated as of ________________, 2007 AMENDED AND RESTATED DEPOSIT AGREEMENTDeposit Agreement • April 30th, 2007 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of February 11, 2004, as further amended and restated as of _____________, 2007 among FOMENTO ECONÓMICO MEXICANO, S.A.B. DE C.V. (formerly known as Fomento Económico Mexicano, S.A. de C.V.), incorporated under the laws of the United Mexican States (herein called the Issuer), THE BANK OF NEW YORK, a New York banking corporation (herein called the Depositary), and all Owners and holders from time to time of American Depositary Receipts issued hereunder.
AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY RECEIPTS Amended and Restated Deposit Agreement Dated as of ____________, 2004Deposit Agreement • January 30th, 2004 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of ______________, 2004 among FOMENTO ECONÓMICO MEXICANO, S.A. DE C.V. (formerly known as Valores Industriales, S.A.), incorporated under the laws of the United Mexican States (herein called the Issuer), THE BANK OF NEW YORK, a New York banking corporation (herein called the Depositary), and all Owners and holders from time to time of American Depositary Receipts issued hereunder.
Fomento Económico Mexicano, S.A.B. de C.V., as Issuer and The Bank of New York Mellon, as Trustee, Security Registrar, Paying Agent and Transfer Agent INDENTURE Dated as of April 8, 2013 Debt SecuritiesIndenture • April 9th, 2013 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
Exhibit 2.5 AMENDMENT TO CREDIT AGREEMENT THIS AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of April 9, 2003, by and among FEMSA Empaques, S.A. de C.V. (the "Borrower"), a sociedad anonima de capital variable organized and...Credit Agreement • June 27th, 2003 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
Exhibit 1Joint Filing Agreement • November 19th, 2003 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Joint Filing AgreementJoint Filing Agreement • June 8th, 2007 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Fomento Económico Mexicano, S.A.B. de C.V., as Issuer, and The Bank of New York Mellon, as Trustee, Security Registrar, Paying Agent and Transfer Agent FIFTH SUPPLEMENTAL INDENTURE Dated as of June 25, 2020Indenture • June 25th, 2020 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
FIFTH SUPPLEMENTAL INDENTURE, dated as of June 25, 2020 (this “Fifth Supplemental Indenture”), between (i) Fomento Económico Mexicano, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized and existing under the laws of the United Mexican States (“Mexico”) (herein called the “Company”), having its principal office at General Anaya No. 601 Pte., Colonia Bella Vista, Monterrey, Nuevo León 64410, Mexico; and (ii) The Bank of New York Mellon, a corporation duly organized and existing under the laws of the State of New York authorized to conduct a banking business, as trustee (herein called the “Trustee”), security registrar, paying agent and transfer agent, to the indenture dated as of April 8, 2013, between the Company and the Trustee (herein called the “Base Indenture”).
CORPORATE GOVERNANCE AGREEMENT relating to HEINEKEN HOLDING N.V. and HEINEKEN N.V. between HEINEKEN HOLDING N.V. HEINEKEN N.V. L’ARCHE GREEN N.V. CB EQUITY LLP and FOMENTO ECONÓMICO MEXICANO, S.A.B. DE C.V.Corporate Governance Agreement • June 25th, 2010 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
The parties mentioned under numbers 1 through 5 are hereinafter also referred to as the “Parties” and each of them a “Party”. The parties mentioned under numbers 1 through 3 are hereinafter also referred to as the “Heineken Parties”. The parties mentioned under numbers 4 and 5 are hereinafter also referred to as the “Femsa Parties”.
Fomento Económico Mexicano, S.A.B. de C.V., as Issuer and The Bank of New York Mellon, as Trustee, Security Registrar, Paying Agent and Transfer Agent and The Bank of New York Mellon SA/NV, Dublin Branch, as Irish Paying Agent FIRST SUPPLEMENTAL...Indenture • May 17th, 2013 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of May 10, 2013 (this “First Supplemental Indenture”), among Fomento Económico Mexicano, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized and existing under the laws of the United Mexican States (“Mexico”) (herein called the “Company”), having its principal office at General Anaya No. 601 Pte., Colonia Bella Vista, Monterrey, Nuevo León 64410, Mexico, The Bank of New York Mellon, a corporation duly organized and existing under the laws of the State of New York authorized to conduct a banking business, as Trustee (herein called the “Trustee”), Security Registrar, Paying Agent and Transfer Agent, and The Bank of New York Mellon SA/NV, Dublin Branch, as Irish Paying Agent (herein called the “Irish Paying Agent”), to the Indenture, dated as of April 8, 2013, between the Company and the Trustee (herein called the “Base Indenture”).
ContractJoinder Agreement • August 11th, 2005 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
FIRST AMENDMENT TO THE IRREVOCABLE TRUST AGREEMENT No. 463 ENTERED BY AND BETWEEN, BANCO INVEX, S.A. INSTITUCION DE BANCA MÚLTIPLE, INVEX GRUPO FINANCIERO, FIDUCIARIO HEREINAFTER REFERRED TO AS THE “TRUSTEE”, REPRESENTED BY MR. LUIS ENRIQUE ESTRADA RIVERO and ALFONSO HENKEL HERNANDEZ, AND THE PERSONS WHOSE NAMES APPEAR AT THE END OF THE PRESENT AGREEMENT, IN EXERCISE OF THEIR OWN RIGHTS, AND AS FOUNDERS AND BENEFICIARIES OF THE TRUST, HEREINAFTER REFERRED TO AS THE “FOUNDERS-BENEFICIARIES”, IN ACCORDANCE TO THE FOLLOWING BACKGROUND, REPRESENTATIONS AND CLAUSES.
Fomento Economico Mexicano S.A. de C.V. (F-6 File No. 333-112342) Effective December 7, 2006 the name of the company is Fomento Economico Mexicano, S.A.B. de C.V. Exhibit A to Deposit Agreement No. AMERICAN DEPOSITARY SHARES (Each American Depositary...Mexican Economic Development Inc • December 21st, 2006 • Bottled & canned soft drinks & carbonated waters
SHARE PURCHASE AGREEMENT among COMPAÑÍA INTERNACIONAL DE BEBIDAS, S.A. DE C.V., THE INMEX CORPORATION, and DULUX CBEXINMEX 2003 B.V. Dated as of November 3, 2006Share Purchase Agreement • June 28th, 2007 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
Share Purchase Agreement, dated as of November 3, 2006 (the “Agreement”), by and among Compañía Internacional de Bebidas, S.A. de C.V., a sociedad anónima de capital variable organized under the Laws (as defined below) of the United Mexican States (together with its successors and assigns, “CIBSA”), The INMEX Corporation, a corporation organized under the Laws of Florida (together with its successors and assigns, “INMEX”) and DULUX CBEXINMEX 2003 B.V., a private company with limited liability (besolten venootschap met beperkte aansprakelijkheid) organized under the Laws of The Netherlands (together with its successors and assigns, “DULUX” and, together with INMEX, the “Coca-Cola Parties”).
FORM OF INTERNATIONAL UNDERWRITING AGREEMENTMexican Economic Development Inc • April 29th, 2005 • Bottled & canned soft drinks & carbonated waters • New York
Fomento Económico Mexicano, S.A. de C.V., a sociedad anónima de capital variable, organized under the laws of the United Mexican States (the “Company”) proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of l American Depositary Shares (the “Firm ADSs”), each representing ten BD Units of the Company (the “BD Units”). Each BD Unit consists of one Series B Share, two Series D-B Shares and two Series D-L Shares, each without par value, of the Company. The underlying Series B Shares, Series D-B Shares and Series D-L Shares are newly issued shares of the Company, and the BD Units are also newly issued by the Company, in each case the issuance of which was approved by the Company’s shareholders and the sale and purchase of which as herein contemplated will be deemed to be a subscription for purposes of Mexican law.
FIRST AMENDMENT TO SHARE EXCHANGE AGREEMENTShare Exchange Agreement • June 25th, 2010 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
This First Amendment to Share Exchange Agreement (this “Amendment”) is made as of March 10, 2010, by and between Heineken Holding N.V., a naamloze vennootschap (“Heineken Holding”); Heineken N.V., a naamloze vennootschap (“Heineken”, together with Heineken Holding, the “Heineken Parties”), Fomento Económico Mexicano, S.A.B. de C.V., a legal entity incorporated under the laws of Mexico (“FEMSA”), Compañía Internacional de Bebidas, S.A. de C.V., a legal entity incorporated under the laws of Mexico (“Compañía Internacional de Bebidas”) and Grupo Industrial Emprex, S.A. de C.V., a legal entity incorporated under the laws of Mexico (“Grupo Industrial”, together with FEMSA and Compañía Internacional de Bebidas, the “FEMSA Parties”).
Fomento Económico Mexicano, S.A.B. de C.V., as Issuer, and The Bank of New York Mellon, as Trustee, Security Registrar, Paying Agent and Transfer Agent FOURTH SUPPLEMENTAL INDENTURE Dated as of February 12, 2020Indenture • February 12th, 2020 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
FOURTH SUPPLEMENTAL INDENTURE, dated as of February 12, 2020 (this “Fourth Supplemental Indenture”), between (i) Fomento Económico Mexicano, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized and existing under the laws of the United Mexican States (“Mexico”) (herein called the “Company”), having its principal office at General Anaya No. 601 Pte., Colonia Bella Vista, Monterrey, Nuevo León 64410, Mexico; and (ii) The Bank of New York Mellon, a corporation duly organized and existing under the laws of the State of New York authorized to conduct a banking business, as trustee (herein called the “Trustee”), security registrar, paying agent and transfer agent, to the indenture dated as of April 8, 2013, between the Company and the Trustee (herein called the “Base Indenture”).
Exhibit 1Joint Filing Agreement • March 26th, 2004 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
SIXTH SUPPLEMENTAL INDENTURE Dated as of April 28, 2021Mexican Economic Development Inc • April 28th, 2021 • Bottled & canned soft drinks & carbonated waters • New York
SIXTH SUPPLEMENTAL INDENTURE, dated as of April 28, 2021 (this “Sixth Supplemental Indenture”), between (i) Fomento Económico Mexicano, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized and existing under the laws of the United Mexican States (“Mexico”) (herein called the “Company”), having its principal office at General Anaya No. 601 Pte., Colonia Bella Vista, Monterrey, Nuevo León 64410, Mexico; (ii) The Bank of New York Mellon, a corporation duly organized and existing under the laws of the State of New York authorized to conduct a banking business, as trustee (herein called the “Trustee”), security registrar, paying agent and transfer agent, and (iii) The Bank of New York Mellon, London Branch, as London Paying Agent and Transfer Agent (herein called the “London Paying Agent”), to the Indenture dated as of April 8, 2013, between the Company and the Trustee (herein called the “Base Indenture” and, together with this Sixth Supplemental Indenture, herein calle
Joint Filing AgreementJoint Filing Agreement • August 11th, 2005 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
CORPORATE GOVERNANCE AGREEMENT relating to HEINEKEN HOLDING N.V. and HEINEKEN N.V. between HEINEKEN HOLDING N.V. HEINEKEN N.V. L’ARCHE GREEN N.V. CB EQUITY LLP and FOMENTO ECONÓMICO MEXICANO, S.A.B. DE C.V.Corporate Governance Agreement • April 27th, 2012 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters
The parties mentioned under numbers 1 through 5 are hereinafter also referred to as the “Parties” and each of them a “Party”. The parties mentioned under numbers 1 through 3 are hereinafter also referred to as the “Heineken Parties”. The parties mentioned under numbers 4 and 5 are hereinafter also referred to as the “Femsa Parties”.
SHARE EXCHANGE AGREEMENT by and between HEINEKEN HOLDING N.V., HEINEKEN N.V., COMPAÑÍA INTERNACIONAL DE BEBIDAS, S.A. DE C.V., GRUPO INDUSTRIAL EMPREX, S.A. DE C.V. and FOMENTO ECONÓMICO MEXICANO, S.A.B. DE C.V. Dated as of January 11, 2010Share Exchange Agreement • June 25th, 2010 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
Share Exchange Agreement (this “Agreement”), dated as of January 11, 2010, by and between Heineken Holding N.V., a naamloze vennootschap (“Heineken Holding”); Heineken N.V., a naamloze vennootschap (“Heineken”, together with Heineken Holding, the “Heineken Parties”), Fomento Económico Mexicano, S.A.B. de C.V., a legal entity incorporated under the laws of Mexico (“FEMSA”), Compañía Internacional de Bebidas, S.A. de C.V., a legal entity incorporated under the laws of Mexico (“Compañía Internacional de Bebidas”) and Grupo Industrial Emprex, S.A. de C.V., a legal entity incorporated under the laws of Mexico (“Grupo Industrial”, together with FEMSA and Compañía Internacional de Bebidas, the “FEMSA Parties”). Each Heineken Party and each FEMSA Party are sometimes herein referred to individually as a “Party” and together as the “Parties.”
Fomento Económico Mexicano, S.A.B. de C.V., as Issuer, The Bank of New York Mellon, as Trustee, Security Registrar, Paying Agent and Transfer Agent, The Bank of New York Mellon, London Branch, as London Paying Agent and Transfer Agent, and The Bank of...Indenture • April 21st, 2016 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of March 18, 2016 (this “Second Supplemental Indenture”), among Fomento Económico Mexicano, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized and existing under the laws of the United Mexican States (“Mexico”) (herein called the “Company”), having its principal office at General Anaya No. 601 Pte., Colonia Bella Vista, Monterrey, Nuevo León 64410, Mexico, The Bank of New York Mellon, a corporation duly organized and existing under the laws of the State of New York authorized to conduct a banking business, as Trustee (herein called the “Trustee”), Security Registrar, Paying Agent and Transfer Agent, The Bank of New York Mellon, London Branch, as London Paying Agent and Transfer Agent (herein called the “London Paying Agent”), and The Bank of New York Mellon SA/NV, Dublin Branch, as Irish Paying Agent (herein called the “Irish Paying Agent”), to the Indenture dated as of April 8, 2013, between the Company and the Trustee (he
Fomento Económico Mexicano, S.A.B. de C.V., as Issuer, and The Bank of New York Mellon, as Trustee, Security Registrar, Paying Agent and Transfer Agent THIRD SUPPLEMENTAL INDENTURE Dated as of January 16, 2020Indenture • January 16th, 2020 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
THIRD SUPPLEMENTAL INDENTURE, dated as of January 16, 2020 (this “Third Supplemental Indenture”), between (i) Fomento Económico Mexicano, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized and existing under the laws of the United Mexican States (“Mexico”) (herein called the “Company”), having its principal office at General Anaya No. 601 Pte., Colonia Bella Vista, Monterrey, Nuevo León 64410, Mexico; and (ii) The Bank of New York Mellon, a corporation duly organized and existing under the laws of the State of New York authorized to conduct a banking business, as trustee (herein called the “Trustee”), security registrar, paying agent and transfer agent, to the Indenture dated as of April 8, 2013, between the Company and the Trustee (herein called the “Base Indenture” and, together with this Third Supplemental Indenture, herein called the “Indenture”).
FEMSAMexican Economic Development Inc • January 30th, 2004 • Bottled & canned soft drinks & carbonated waters • New York
U.S. $150,000,000 CREDIT AGREEMENT Dated as of September 27, 2004 among FEMSA COMERCIO, S.A. DE C.V., as Borrower, THE FINANCIAL INSTITUTIONS PARTY HERETO, as Lenders, BBVA BANCOMER, S.A., INSTITUCIÓN DE BANCA MÚLTIPLE GRUPO FINANCIERO BBVA BANCOMER...Credit Agreement • April 8th, 2005 • Mexican Economic Development Inc • Bottled & canned soft drinks & carbonated waters • New York
CREDIT AGREEMENT, dated as of September 27, 2004, is made among FEMSA COMERCIO, S.A. DE C.V. (the “Borrower”), a sociedad anónima de capital variable organized and existing under the laws of Mexico, CADENA COMERCIAL OXXO, S.A. DE C.V., IMPULSORA DE MERCADOS DE MEXICO, S.A. DE C.V. and OXXO EXPRESS, S.A. DE C.V., each a sociedad anónima de capital variable organized and existing under the laws of Mexico, and such other Subsidiaries of the Borrower as may, from time to time, pursuant to Section 5.01(j) hereof, join in this Credit Agreement as guarantors (each, a “Guarantor” and together, the “Guarantors”), the financial institutions listed on the signature pages hereof (each, a “Lender” and together, the “Lenders”) and which may from time to time become parties hereto, BBVA BANCOMER, S.A., INSTITUCIÓN DE BANCA MÚLTIPLE GRUPO FINANCIERO BBVA BANCOMER, as administrative agent (the “Administrative Agent”) for the Lenders hereunder and BBVA SECURITIES INC., as Mandated Lead Arranger and book
