Common use of The CPO Trust Clause in Contracts

The CPO Trust. Banco Nacional de México, S.A. is the CPO Trustee of the CPO Trust. The CPO Trust operates through INDEVAL, the central depository for participants trading on the Mexican Securities Exchange, which maintains ownership records of the CPOs in book-entry form. The principal executive office of the CPO Trustee is located as of the date of the Deposit Agreement at: Ave. Caldaza del Xxxxx Xx. 000, Xxxxx Xxxxx, Xxx Xxxxx Xxxxx Xxxxxx, X.X. Mexico, 66220. The terms of the CPO Trust (as in effect as of the date of the Deposit Agreement) are briefly described as follows (which description may not be considered to be a representation or warranty by the Company, the Depositary, or any Custodian and is qualified by and subject to the terms of the CPO Trust Agreement, copies of which in Spanish and in an English translation are on file at the Principal Office): (i) each CPO represents economic interests in two (2) A Shares and one (1) B Share held in the CPO Trust; (ii) the CPOs have no voting rights (except as described in the Deposit Agreement and in Paragraph (18) below); (iii) dividends on the A Shares and B Shares underlying the CPOs are credited to the CPO holders’ accounts by the CPO Trustee through INDEVAL, upon receipt thereof from the Company; (iv) as determined by the CPO Trustee, CPO holders may receive notices, reports and proxy solicitation materials at the same times as direct holders of Shares receive such materials; (v) any rights pertaining to the CPOs may be exercised by CPO holders through INDEVAL by the CPO Trustee, at the same time as direct holders of Shares receive any such rights, provided such rights can be exercised by CPO holders; (vi) any securities resulting from dividends, splits or plans of reorganization are distributed to CPO holders through INDEVAL, at the same time as direct holders of Shares receive any such rights; (vii) the CPO Trust is scheduled to terminate on or about August 26, 2029, at which point CPOs represented by ADSs will be converted into Successor Trust CPOs issued under the Successor Trust (see Paragraph (14)(b) below); (viii) holders of CPOs are not entitled to withdraw Shares from the CPO Trust. No fees or charges are imposed directly or indirectly against CPO holders under the CPO Trust.

Appears in 2 contracts

Samples: Deposit Agreement (Cemex Sab De Cv), Cemex Sab De Cv

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The CPO Trust. Banco Nacional de México, S.A. is the CPO Trustee of the CPO Trust. The CPO Trust operates through INDEVAL, the central depository for participants trading on the Mexican Securities Exchange, which maintains ownership records of the CPOs in book-entry form. The principal executive office of the CPO Trustee is located as of the date of the Deposit Agreement at: Ave. Caldaza del Xxxxx XxVxxxx Nx. 000, Xxxxx Xxxxx, Xxx Xxxxx Xxxxx XxxxxxGxxxxx, X.X. Mexico, 66220. The terms of the CPO Trust (as in effect as of the date of the Deposit Agreement) are briefly described as follows (which description may not be considered to be a representation or warranty by the Company, the Depositary, or any Custodian and is qualified by and subject to the terms of the CPO Trust Agreement, copies of which in Spanish and in an English translation are on file at the Principal Office): (i) each CPO represents economic interests in two (2) A Shares and one (1) B Share held in the CPO Trust; (ii) the CPOs have no voting rights (except as described in the Deposit Agreement and in Paragraph (18) below); (iii) dividends on the A Shares and B Shares underlying the CPOs are credited to the CPO holders’ accounts by the CPO Trustee through INDEVAL, upon receipt thereof from the Company; (iv) as determined by the CPO Trustee, CPO holders may receive notices, reports and proxy solicitation materials at the same times as direct holders of Shares receive such materials; (v) any rights pertaining to the CPOs may be exercised by CPO holders through INDEVAL by the CPO Trustee, at the same time as direct holders of Shares receive any such rights, provided such rights can be exercised by CPO holders; (vi) any securities resulting from dividends, splits or plans of reorganization are distributed to CPO holders through INDEVAL, at the same time as direct holders of Shares receive any such rights; (vii) the CPO Trust is scheduled to terminate on or about August 26, 2029, at which point CPOs represented by ADSs will be converted into Successor Trust CPOs issued under the Successor Trust (see Paragraph (14)(b) below); (viii) holders of CPOs are not entitled to withdraw Shares from the CPO Trust. No fees or charges are imposed directly or indirectly against CPO holders under the CPO Trust.

Appears in 2 contracts

Samples: Deposit Agreement (Citibank,N.A./ADR), Deposit Agreement (Citibank,N.A./ADR)

The CPO Trust. Banco Nacional de MéxicoMexico, S.A. is the CPO Trustee of the CPO Trust. The CPO Trust operates through INDEVAL, the central depository for participants trading on the Mexican Securities Exchange, which maintains ownership records of the CPOs in book-entry form. The principal executive office of the CPO Trustee is located as of the date of the Deposit Agreement at: Ave. Caldaza del Xxxxx XxValle No. 000350, Xxxxx XxxxxFirst Floor, Xxx Xxxxx San Xexxx Xxxxx Xxxxxx, X.X. MexicoXxxxxx, 6622000000. The terms of the CPO Xxx xexxx xx xxx XPO Trust (as in effect as of the date of the Deposit Agreement) are briefly described as follows (which description may not be considered to be a representation or warranty by the Company, the Depositary, or any Custodian and is qualified by and subject to the terms of the CPO Trust Agreement, copies of which in Spanish and in an English translation are on file at the Principal Office): (i) each CPO represents economic interests in two (2) A Shares and one (1) B Share held in the CPO Trust; (ii) the CPOs have no voting rights (except as described in the Deposit Agreement and in Paragraph (18) below); (iii) dividends on the A Shares and B Shares underlying the CPOs are credited to the CPO holders' accounts by the CPO Trustee through INDEVAL, upon receipt thereof from the Company; (iv) as determined by the CPO Trustee, CPO holders may receive notices, reports and proxy solicitation materials at the same times as direct holders of Shares receive such materials; (v) any rights pertaining to the CPOs may be exercised by CPO holders through INDEVAL by the CPO Trustee, at the same time as direct holders of Shares receive any such rights, provided such rights can be exercised by CPO holders; (vi) any securities resulting from dividends, splits or plans of reorganization are distributed to CPO holders through INDEVAL, at the same time as direct holders of Shares receive any such rights; (vii) the CPO Trust is scheduled to terminate on or about August 26, 2029, at which point CPOs represented by ADSs will be converted into Successor Trust CPOs issued under the Successor Trust (see Paragraph (14)(b) below); (viii) holders of CPOs are not entitled to withdraw Shares from the CPO Trust. No fees or charges are imposed directly or indirectly against CPO holders under the CPO Trust.

Appears in 1 contract

Samples: Deposit Agreement (Cemex Sab De Cv)

The CPO Trust. Banco Nacional de MéxicoMexico, S.A. is the CPO Trustee of the CPO Trust. The CPO Trust operates through INDEVAL, the central depository for participants trading on the Mexican Securities Exchange, which maintains ownership records of the CPOs in book-entry form. The principal executive office of the CPO Trustee is located as of the date of the Deposit Agreement at: Ave. Caldaza del Xxxxx Xx. 000, Xxxxx Xxxxx, Xxx Xxxxx Xxxxx Xxxxxx, X.X. Mexico, 66220. The terms of the CPO Trust (as in effect as of the date of the Deposit Agreement) are briefly described as follows (which description may not be considered to be a representation or warranty by the Company, the Depositary, or any Custodian and is qualified by and subject to the terms of the CPO Trust Agreement, copies of which in Spanish and in an English translation are on file at the Principal Office): (i) each CPO represents economic interests in two (2) A Shares and one (1) B Share held in the CPO Trust; (ii) the CPOs have no voting rights (except as described in the Deposit Agreement and in Paragraph (18) below); (iii) dividends on the A Shares and B Shares underlying the CPOs are credited to the CPO holders' accounts by the CPO Trustee through INDEVAL, upon receipt thereof from the Company; (iv) as determined by the CPO Trustee, CPO holders may receive notices, reports and proxy solicitation materials at the same times as direct holders of Shares receive such materials; (v) any rights pertaining to the CPOs may be exercised by CPO holders through INDEVAL by the CPO Trustee, at the same time as direct holders of Shares receive any such rights, provided such rights can be exercised by CPO holders; (vi) any securities resulting from dividends, splits or plans of reorganization are distributed to CPO holders through INDEVAL, at the same time as direct holders of Shares receive any such rights; (vii) the CPO Trust is scheduled to terminate on or about August 26, 2029, at which point CPOs represented by ADSs will be converted into Successor Trust CPOs issued under the Successor Trust (see Paragraph (14)(b) below); (viii) holders of CPOs are not entitled to withdraw Shares from the CPO Trust. No fees or charges are imposed directly or indirectly against CPO holders under the CPO Trust.

Appears in 1 contract

Samples: Deposit Agreement (Cemex Sa De Cv)

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The CPO Trust. Banco Nacional de México, S.A. is The Receipt shall contain the CPO Trustee following description of the CPO Trust: Nacional Financiera, S.N.C. is CPO Trustee under the CPO Trust, which was created under the Foreign Investment Law in order to facilitate non-Mexican investment in the Company. The CPO Trust operates through INDEVALIndeval, the central depository depositary for participants trading on the Mexican Securities Exchange, which maintains ownership records of the CPOs in book-book entry form. The principal executive office of the CPO Trustee is located as of the date of the Deposit Agreement at: Aveat Xxxxxxxxxxx Xxx 0000, Xxx. Caldaza del Xxxxx Xx. 000Xxxxxxxxx Inn, Xxxxx XxxxxDelegacion Xxxxxx Xxxxxxx, Xxx Xxxxx Xxxxx Xxxxxx, X.X. 01020 Mexico, 66220D.F., Mexico. The terms of the CPO Trust (as in effect as of Trust, upon which the date of the Deposit Agreement) Shares may be deposited and CPOs issued, are briefly described as follows (which description may not be considered to be a representation or warranty by the Company, the Depositary, or any Custodian and is qualified by and subject to the terms of the CPO Trust AgreementTrust, copies of which in Spanish and in an English translation are on file at the Principal Depositary's Office, the office of the Custodian and at any other designated transfer office for Receipts): (i) each CPO represents economic financial interests in two (2) in, and certain voting rights with respect to, one Series A Shares Share, one Series D-A Share and one (1) B Share held Series D-L Share, which three securities may not be traded separately and may be traded only in the form of CPOs until the tenth anniversary of the creation of the CPO Trust; (ii) the holders of CPOs have no the voting rights (except as described discussed in the Deposit Agreement and in Paragraph (18) below)Section 4.07 above; (iii) dividends on the A Shares and B Shares underlying the CPOs are credited to the CPO holders’ holder's accounts by Indeval on the CPO Trustee through INDEVAL, upon receipt thereof business day on which funds are received from the Company; (iv) as determined by the CPO Trustee, CPO holders may receive notices, reports will be informed and proxy solicitation have access to materials at the same times time as direct holders of Shares receive such materialsShares; (v) any rights pertaining to the CPOs may be exercised by Shares are transferred to CPO holders through INDEVAL by the CPO Trustee, Indeval at the same time as direct holders of Shares receive any such rights, provided such rights can be exercised by CPO holders; (vi) any securities resulting from dividends, splits or plans of reorganization are distributed to CPO holders through INDEVAL, Indeval at the same time as direct holders of Shares receive any such rightssecurities (but only in the form of CPOs, to the extent available); (vii) the CPO Trust is scheduled to terminate on or about August 26may be terminated following instructions from the Technical Committee of the CPO Trust, 2029after a resolution has been adopted at a meeting by holders of a majority of CPOs, at which point CPOs represented by ADSs will and must be converted into Successor Trust CPOs issued under the Successor Trust (see Paragraph (14)(b) below)terminated after 10 years; (viii) Indeval participants may confirm their position on the CPO Trust transfer books through Indeval, but may not inspect same or obtain any list of holders of CPOs; and (ix) the CPO Trust does not limit the liability of the CPO Trustee. Fees or charges payable to the CPO Trustee are not charged against CPO holders. Upon termination of the first CPO Trust the Depositary agrees, at the request of the Company (and without charge to the Company or the Owners), to roll the Deposited Securities into a new CPO Trust that the Company expects to create at that time. The terms of the successor CPO Trust are expected to be substantially similar to the terms of the first CPO Trust except that holders of CPOs are not entitled will be permitted to withdraw the Shares from underlying their CPOs, but only in combinations of two Series A Shares and one Series L Share (the CPO Trust"Withdrawal Combination" requirement). No fees or charges Holders of CPOs who are imposed directly or indirectly against CPO holders under Eligible Mexican Holders will be permitted to withdraw and hold all Shares underlying each of their CPOs, subject to the CPO TrustWithdrawal Combination requirement. Non-Eligible Mexican Holders may only withdraw and hold the Series L Shares underlying their CPOs, and then only when the withdrawal of each Series L Share is accompanied by the simultaneous sale of two Series A Shares to an Eligible Mexican Holder.

Appears in 1 contract

Samples: Deposit Agreement (Tv Azteca Sa De Cv)

The CPO Trust. The Receipt shall contain the following description of the CPO Trust: Banco Nacional de México, S.A. S.A., Integrante del Grupo Financiero Banamex, is CPO Trustee under the CPO Trustee Trust which was created under the Foreign Investment Law, in order to permit non-Mexican investment in the Company by removing voting rights otherwise appertaining to such investments without affecting the economic consequences of the CPO Trustsuch investments. The CPO Trust operates through INDEVALIndeval, the central depository depositary for participants trading on the Mexican Securities Exchange, which maintains ownership records of the CPOs in book-book entry form. The principal executive office of the CPO Trustee is located as of the date of the Deposit Agreement at: Ave. Caldaza del at Xxxxx xx xx Xxxxxxx Xx. 000, Xxxxx XxxxxXxxx 00, Xxx Xxxxx Xxxxx XxxxxxXxx. Xxxxxx 00000, X.X. Mexico D.F., Mexico, 66220. The terms of the CPO Trust (as in effect as of Trust, upon which the date of the Deposit Agreement) Shares may be deposited and CPOs issued, are briefly described as follows (which description may not be considered to be a representation or warranty by the Company, the Depositary, or any Custodian and is qualified by and subject to the terms of the CPO Trust AgreementTrust, copies of which in Spanish and in an English translation are on file at the Principal Depositary's Office, the office of the Custodian and at any other designated transfer office for Receipts): (i) each CPO represents economic financial interests in two (2) A Shares and one (1) B Share held in the CPO TrustShare; (ii) the CPOs have no voting rights (rights, except as described discussed in the Deposit Agreement and in Paragraph (18vii) below); (iii) dividends on the A Shares and B Shares underlying the CPOs are credited to the CPO holders’ holder's accounts by the CPO Trustee through INDEVAL, Indeval upon receipt thereof from the Company; (iv) as determined by the CPO Trustee, CPO holders may receive notices, reports will be informed and proxy solicitation have access to materials at the same times time as direct holders of Shares receive such materialsShares; (v) except for voting rights, any rights pertaining to the CPOs may be exercised by Shares are transferred to CPO holders through INDEVAL by the CPO Trustee, Indeval at the same time as direct holders of Shares receive any such rights, provided such rights can be exercised by CPO holders; (vi) any securities resulting from dividends, splits or plans of reorganization are distributed to CPO holders through INDEVAL, Indeval at the same time as direct holders of Shares receive any such rightssecurities (but only in the form of CPOs, to the extent available); (vii) the CPO Trust is scheduled to terminate on or about August 26may be terminated following instructions from the Technical Committee of the CPO Trust, 2029, after a resolution has been adopted at which point a meeting by holders of a majority of CPOs represented by ADSs will and must be converted terminated after 30 years (unless rolled into Successor Trust CPOs issued new trusts under the Successor Trust (see Paragraph (14)(b) belowsimilar terms); (viii) only CPO holders who are Mexican nationals may obtain title to Shares upon surrender of title to CPOs; (ix) Indeval participants may confirm their position on the CPO Trust transfer books through Indeval, but may not inspect same or obtain any list of holders of CPOs CPOs; and (x) the CPO Trust does not limit the liability of the CPO Trustee. Fees or charges payable to the CPO Trustee are not entitled to withdraw Shares from the CPO Trust. No fees or charges are imposed directly or indirectly charged against CPO holders under the CPO Trustholders.

Appears in 1 contract

Samples: Deposit Agreement (Ica Corp)

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