CEMEX, S.A.B. de C.V. THE NOTE GUARANTORS PARTY HERETO AND THE BANK OF NEW YORK MELLON, AS TRUSTEE 9.000% SENIOR SECURED NOTES DUE 2018 INDENTURE Dated as of January 11, 2011Financing Agreement • June 16th, 2011 • Cemex Sab De Cv • Cement, hydraulic • New York
INDENTURE, dated as of January 11, 2011, among CEMEX, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized under the laws of the United Mexican States, (the “Issuer”), CEMEX México, S.A. de C.V. (“CEMEX México”), CEMEX España, S.A. (“CEMEX España”) and New Sunward Holding B.V. (“New Sunward Holding”), as Note Guarantors of the Issuer’s obligations under this Indenture and the Notes (the “Note Guarantors”), and The Bank of New York Mellon (the “Trustee”), as Trustee.
FINANCING AGREEMENT for CEMEX, S.A.B. de C.V. with THE FINANCIAL INSTITUTIONS AND NOTEHOLDERS NAMED HEREIN as Participating Creditors and CITIBANK INTERNATIONAL PLC acting as Administrative Agent and WILMINGTON TRUST (LONDON) LIMITED acting as...Financing Agreement • June 16th, 2011 • Cemex Sab De Cv • Cement, hydraulic • New York
DATED 14 AUGUST 2009 CITIBANK INTERNATIONAL PLC as Administrative Agent The Participating Creditors (as named herein) CEMEX, S.A.B. DE C.V. AND CERTAIN OF ITS SUBSIDIARIES as Original Borrowers, Original Guarantors and Original Security Providers...Intercreditor Agreement • June 16th, 2011 • Cemex Sab De Cv • Cement, hydraulic • New York
DATED 25th of October 2010 AMENDMENT AGREEMENT between CEMEX, S.A.B. de C.V. acting for itself and as agent on behalf of each Obligor and CITIBANK INTERNATIONAL PLC acting for itself and as Administrative Agent on behalf of the Finance Parties...Agreement • June 16th, 2011 • Cemex Sab De Cv • Cement, hydraulic
CEMEX, S.A.B. de C.V. FLOATING RATE SENIOR SECURED NOTES DUE 2015 PURCHASE AGREEMENTPurchase Agreement • June 16th, 2011 • Cemex Sab De Cv • Cement, hydraulic • New York
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 Mexico (the “Company”), proposes to issue and sell to the several parties named in Schedule I hereto (the “Initial Purchasers”), for whom you (the “Representatives”) are acting as representatives, U.S.$800,000,000 principal amount of its Floating Rate Senior Secured Notes due 2015 (the “Securities”). The Securities will be unconditionally guaranteed (the “Guarantees”) by each of (i) CEMEX México, S.A. de C.V. (“CEMEX México”), (ii) New Sunward Holding B.V. (“New Sunward”), and (iii) CEMEX España, S.A. (“CEMEX España” and together with CEMEX México and New Sunward, the “Note Guarantors”), and are to be issued under an indenture (the “Indenture”), to be dated as of the Closing Date, among the Company, the Note Guarantors and The Bank of New York Mellon, a New York banking corporation, as trustee (the “Trustee”). To the extent there a
DATED 13th of April 2011 AMENDMENT AGREEMENT between CEMEX, S.A.B. de C.V. acting for itself and as agent on behalf of each Obligor and CITIBANK INTERNATIONAL PLC acting for itself and as Administrative Agent on behalf of the Finance Parties RELATING...Agreement • June 16th, 2011 • Cemex Sab De Cv • Cement, hydraulic
