Sale Agreement
Exhibit 7.01
February 1, 2008
The undersigned, EIP INVESTMENT HOLDINGS L.L.C. COMM V.A., as Seller, hereby agrees to sell,
transfer and convey on February 7, 2008 (the “Closing Date”) to Ixe Banco, S.A. Fidercomiso F/466,
as Purchaser. Seventeen Million One Hundred Forty Two Thousand Eight Hundred Fifty Seven
(17,142,857) ordinary shares of Desarrolladora Homex, S.A.B. de C.V. (the “Shares”) in
consideration of the sum of US$150,000,000.00 (the “Purchase Price”).
The Purchase Price shall be paid to the Seller on the Closing Date by wire transfer of
immediately available funds in US Dollars to the following account:
Bank Name: |
JPMorgan Chase Bank | |
Location: |
New York | |
Swift Code: |
XXXXXX00 | |
Account Name: |
JPMorgan Chase — Nostro USD Account | |
Account #: |
323154042 | |
Reference: |
JPM FX Desk: Xxxxx Xxxxxxx |
The shares will be transferred from Seller’s account at Xxxxx Xxxxxx to the following account:
IXE BANCO, S.A. FIDEICOMISO F/466 | ||
INDEVAL ACCOUNT 010060703 | ||
REFERENCE: CONTRACT NUMBER 59833-4 IN THE NAME OF | ||
IXE BANCO, S.A. FIDEICOMISO F/466 |
The Purchaser agrees not to offer or sell the Shares and will not offer or sell such shares to
or for the benefit or account of “U.S. persons” (as defined in Rule 902(k) of Regulation S) prior
to the expiration of the forty-day period commencing on the Closing Date.
Each party agrees that it shall take no action against the other party challenging this
agreement or the transaction contemplated hereunder or seek monetary damages on grounds that such
other party has material non-public information of Desarrolladora Homex, S.A.B. de C.V.
Seller:
|
Purchaser: | |||||
EIP INVESTMENT HOLDINGS
|
Ixe Banco, S.A. Fideicomiso F/466 | |||||
L.L.C. COMM V.A. |
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Pursuant to Power of Attorney
|
Xxxxxx Xxxxx Its: Legal Representatives |
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