AND OWNERS AND HOLDERS OF GLOBAL DEPOSITARY RECEIPTS Amended and Restated Deposit Agreement Dated as of ____________, 2003Deposit Agreement • September 11th, 2003 • Comercial Mexican Holding /Adr • American depositary receipts • New York
AMENDED AND RESTATED DEPOSIT AGREEMENT dated as of ______________, 2003 among CONTROLADORA COMERCIAL MEXICANA, 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 Global Depositary Receipts issued hereunder.
CONTROLADORA COMERCIAL MEXICANA, S.A. DE C.V.Comercial Mexican Holding /Adr • September 11th, 2003 • American depositary receipts
Re: Deposit Agreement dated as of ___________, 2003 (the "Deposit Agreement") by and among Controladora Comercial Mexicana, S.A. de C.V., The Bank of New York, as Depositary, and the Owners and holders of Global Depositary Receipts
CONTROLADORA COMERCIAL MEXICANAComercial Mexican Holding /Adr • September 11th, 2003 • American depositary receipts
By this letter, and pursuant to Section 5.04 of the Deposit Agreement dated as of (the “Deposit Agreement”) among Controladora Comercial Mexicana, S.A. de C.V. (the “Company”) Citibank N.A. (“Bank & Trust”), as Depositary, and the holders from time to time of American Depositary Receipts issued thereunder (the “Receipts”), the Company hereby removes Citibank N.A. as Depositary under the Deposit Agreement and appoints The Bank of New York (“BNY”) as successor Depositary thereunder. Capitalized terms used, but not defined, herein shall have the meanings ascribed to them in the Deposit Agreement. By execution of this letter by BNY in the space provided below, BNY accepts its appointment as successor Depositary under the Deposit Agreement, effective on a date that BNY will determine and of which BNY will notify you (the “Succession Date”), and agrees to be bound by the terms of this letter and to perform its obligations set forth herein.
