B A C K G R O U N D
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Exhibit
3.4
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 Bancomer |
F/29307-6
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Servicios
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TRUSTEE
REPLACEMENT AGREEMENT FOR THE REVOCABLE TRUST ADMINISTRATION AGREEMENT NUMBER
F/29307-6 SIGNED BY AND BETWEEN THE FOLLOWING IN THEIR CAPACITY AS TRUSTORS:
XXX. XXXXX XXXXXX XXXXXXX XXXXX, XXXXXXXXX DE XXXXX XXXXXXX XXXXX, XXX XXXXX
XXXXXXX XXXXX, XXXXX XXXXXXX XXXXXXX XXXXX, XXXXXX DE XXXXX XXXXXXX XXXXX,
XXXXXX XXXXXX DE XXXXX XXXXXXX XXXXX, AND XXXX XXXXXX XXXXXXX XXXXX (HEREAFTER
THE "TRUSTORS");
and
BBVA BANCOMER SERVICIOS S.A. A MULTIPLE BANKING INSTITUTION, BBVA BANCOMER FINANCIAL GROUP, TRUSTS OFFICE, (AS SUCCESSOR IN INTEREST FOR BANCOMER S.A.), AS REPLACED TRUSTEE (HEREAFTER THE "REPLACED TRUSTEE") REPRESENTED HEREIN BY THEIR DELEGATE TRUSTEES, XXXX XXXXX XXXXX XXXXX AND XXXXXXX XXXXXX XXXXXXXXX.
AND LASTLY IXE BANCO, S.A., A MULTIPLE BANKING INSTITUTION, IXE FINANCIAL GROUP, TRUSTS DIVISION, AS REPLACING TRUSTEE (HEREAFTER THE "REPLACING TRUSTEE") REPRESENTED HEREIN BY ITS DELEGATE TRUSTEE XXXXXX XXXXXXX LEVER, AND BY XXXXXXX XXXXX XXXXXX XXXXX, LEGAL DIRECTOR, WHEREIN THE FOLLOWING BACKGROUND, REPRESENTATIONS AND CLAUSES ARE SET OUT:
and
BBVA BANCOMER SERVICIOS S.A. A MULTIPLE BANKING INSTITUTION, BBVA BANCOMER FINANCIAL GROUP, TRUSTS OFFICE, (AS SUCCESSOR IN INTEREST FOR BANCOMER S.A.), AS REPLACED TRUSTEE (HEREAFTER THE "REPLACED TRUSTEE") REPRESENTED HEREIN BY THEIR DELEGATE TRUSTEES, XXXX XXXXX XXXXX XXXXX AND XXXXXXX XXXXXX XXXXXXXXX.
AND LASTLY IXE BANCO, S.A., A MULTIPLE BANKING INSTITUTION, IXE FINANCIAL GROUP, TRUSTS DIVISION, AS REPLACING TRUSTEE (HEREAFTER THE "REPLACING TRUSTEE") REPRESENTED HEREIN BY ITS DELEGATE TRUSTEE XXXXXX XXXXXXX LEVER, AND BY XXXXXXX XXXXX XXXXXX XXXXX, LEGAL DIRECTOR, WHEREIN THE FOLLOWING BACKGROUND, REPRESENTATIONS AND CLAUSES ARE SET OUT:
B
A C K G R O U N D
WHEREAS:
FIRST.
That
with public deed number 21,172 dated March 19, 1998 formalized by Notary
Public
Xxxx Xxxxxx Xxxxxxxxxx holding notarial license number 197 of the Federal
District an irrevocable trust Agreement was placed on record, with the
following
appearing:
Xxx.
Xxxxx Xxxxxx Xxxxx Xxxxx xx Xxxxxxx as Trustor and Beneficiary A, Xx. Xxxxxx
Xxxxxxx Xxxxx, Xxxxx Xxxxx Xxxxxxx Xxxxx, and Xxxxx Xxxxxxxx Xxxxxxx Xxxxx in
their capacity as Trustors and Beneficiaries B, and Bancomer, S.A., a Multiple
Banking Institution, Financial Group, Trusts Office (now as their successor
in
interest BBVA Bancomer Servicios S.A., a Multiple Banking Institution,
BBVA
Bancomer Financial Group, Trusts Office) in their capacity as trustee (hereafter
the Trustee), to which registration number F/29307-6 (hereafter the trust)
was
assigned, for the purpose of creating an administrative trust, the basic
purpose
of which was to retain the shares that the Trustors placed therein for
the term
of the trust or until released under those circumstances set out by the
Agreement itself, or if the Technical Committee were to decide to sell
them.
SECOND.
On
March
31, 1998, the Trustors and the Trustee signed an Amended Agreement, amending
clauses Four and Twenty-four.
THIRD.
On June
3, 1998, the Trustors and the Trustee signed a SECOND
amended
agreement which amended the trust in its entirety, the participants in
this
second amended agreement being the following: Mrs. Xxxxx Xxxxxx Xxxxx xx Xxxxxxx
in her capacity as Trustor and Beneficiary A, Xxx. Xxxxx Xxxxxx Xxxxxxx Xxxxx,
Xxxxxxxxx de Xxxxx Xxxxxxx Xxxxx, Xxx Xxxxx Xxxxxxx Xxxxx, Xxxxx Xxxxxxx Xxxxxxx
Xxxxx, Xxxxx Xxxxxxxxx Xxxxxxx Xxxxx, Xxxxxx de Xxxxx Xxxxxxx Xxxxx, Xxxxxx
Xxxxxx de Xxxxx Xxxxxxx Xxxxx, Xxxxx Xxxxxxxx
Xxxxxxx
Xxxxx,
and
Xxxx Xxxxxx Xxxxxxx Xxxxx in their capacity as Trustors and Beneficiaries
B.
1
FOURTH.
That at
a session of the Technical Committee of the trust on May 24, 1999, among
the
other resolutions issued was a decision to amend the clauses of the trust
and
approve the donation described in the paragraph below.
FIFTH.
That on
May 25, 1999 and by a donation authorized by the Technical Committee of the
Trust, Xxxxx Xxxxxxxxx, Xxxxxx, Xxxxx Xxxxx and Xxxxx Xxxxxxxx, all with the
last name Xxxxxxx Xxxxx, donated to Xxxxx Xxxxxx Xxxxx Xxxxx xx Xxxxxxx, all the
beneficiary rights corresponding to her in trust 29307-6. This was put on
record
in public deed number 104,830 of this date formalized by Notary Public Xxxxxxx
X. Xxxxxxx Xxxxxxx, notary number 116 of the Federal District, and by virtue
of
this donation the donors no longer had the capacity of Trustors and
Beneficiaries B that they had prior to this date.
SIXTH.
At a
session of the Technical Committee of the Trust held on April 5, 2000, it
was
agreed to authorize, among other things, the donation made by Xxx. Xxxxx Xxxxxx
Xxxxx Xxxxx xx Xxxxxxx of all the beneficiary rights corresponding to her,
for
the assets placed in trust, giving them to Mrs. Xxxxx Xxxxxx, Francisco Xxxxx,
Xxx Xxxxx, Xxxxx Xxxxxxx, Xxxxxx de Xxxxx, Xxxxxx Xxxxxx de Xxxxx and Xxxx
Xxxxxx, all with the last name Xxxxxxx Xxxxx. This donation was formalized with
public deed number 107,457 dated April 5 of that year, by the same notary
as the
previous ones. By virtue of this donation Xxx. Xxxxx Xxxxxx Xxxxx Xxxxx xx
Xxxxxxx ceased being a Trustor, Beneficiary A of the trust.
SEVENTH.
At a
session of the Technical Committee of the trust held on May 26, 2000 it was
agreed unanimously to amend the trust agreement to update it with regard
to the
parties participating therein, to reflect the donations described in the
points
above and to reflect compliance with obligations with regard to Xxxxxx, Xxxxx
Xxxxx, Xxxxx Xxxxxxxx, and Xxxxx Xxxxxxxxx, all with the last name of Xxxxxxx
Xxxxx, which to date have been fulfilled.
EIGHTH.
Bancomer
S.A., Trusts Office, as trustee in trusts 23020-1 and 29307-6, signed for
the
order and account of the Trustors and Beneficiaries of these trusts a Loan
Agreement and a first amended agreement with National Bank of Mexico S.A.,
a
Multiple Banking Institution and member of the Financial Group Banamex-Accival
(Banamex) in UDIs (INVESTMENT
UNITS)
(the
Banamex Loan) the balances of which have to date been settled.
NINTH.
That in
order to guarantee each and every one of the obligations under the Banamex
loan,
a caución
bursátil [security
device designed to create a lien on publicly traded
securities],
was created, the subject of which was a certain number of CPO's [common share
certificates].
TENTH.
That
Bancomer S.A. Trusts Office, as trustee of trust 29307-6 signed, for the
order
and account of any of the trustors and beneficiaries of the trust, a loan
agreement with Custodial Trust Company, the balance of which to date has
been
settled (the Custodial Loan).
ELEVENTH.
On May
26, 2000, the Trustors and Trustee signed a THIRD amended Agreement which
amended the trust in its entirety.
2
TWELFTH.
On
December 21, 2004, the Trustors and the Trustee signed a FOURTH amended
Agreement which amended the contents of the following clauses of the trust:
the
tenth, twelfth and sixteenth clauses.
R
E P R E S E N T A T I O N S
I.
The
Trustors and Beneficiaries state the following:
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a)
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That
they have the necessary and sufficient powers to sign this
Agreement.
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b)
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That
the trustee was requested via a letter of instruction on December
22,
2006, a copy of said letter being attached hereto as Annex
A,
to agree for the purpose of protecting their interests to be replaced
in
their position as Trustee, beginning on the signature date of this
Agreement, by Ixe banco S.A., a Multiple Banking Institution, the
Ixe
Financial Group, Trusts Division, which would thereafter act in
the Trust
Agreement in the capacity of Replacing
Trustee.
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c)
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That
they are satisfied with each and every one of the operations that
the
Trustee carried out in compliance with the purposes of the trust
as well
as all legal actions that were carried out, expressly approving
and
confirming those operations and releasing the Trustee from any
responsibility in that respect.
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d)
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That
they wish to sign this Trustee Replacement Agreement, designating
Ixe
banco S.A., a Multiple Banking Institution, the Ixe Financial Group,
Trusts Division, as Replacing Trustee for BBVA BANCOMER SERVICIOS
S.A.,
Multiple Banking Institution, BBVA Financial Group, Trusts Division
in the
Trust Agreement referred to in Background section One
above.
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e)
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That
as a consequence thereof, the Replaced Trustee with this deed conveys
to
the Replacing Trustee the assets of the trust which are set out
in Annex B
of this Agreement, duly signed by the parties and forming an integral
part
thereof.
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II.
The
Replaced Trustee declares through its delegate trustees
that:
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a)
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It
is a Credit Institution formed under the laws of México and is duly
empowered to carry out, among others, fiduciary operations per
the terms
of section XV of Article 46 of the Law of Credit
Institutions.
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b)
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Its
Delegate Trustees have all powers needed to enter into binding
agreements
per the terms of this instrument in accordance with public deeds
numbers
85,397 dated February 7, 2006 and 81,315 dated October 27, 2004,
respectively, formalized by Notary Public Xxxxxx de Xxxxx Xxxxx,
Notary
Public number 137 of the Federal District, powers which have not
been
revoked or modified in any way.
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c)
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It
has periodically submitted to the Trustors, during the time it
acted as
Trustee, the corresponding account statements for the financial
and
accounting transactions of the trusy assets, which were approved
by those
same Trustors.
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| d) |
On
December 22, 2006 the Trustors received instruction in writing
to take the
steps necessary to be replaced as Trustees in the Trust as referred
to in
Background section One of this Agreement, stating that they were
in
Agreement as far as executing this Trustee Replacement
Agreement.
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3
III. The
Replacing Trustee states through its Delegate Trustees
that:
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a)
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The
Principal is a Sociedad Anónima [Corporation], a Multiple Banking
Institution formed under the laws of México, duly empowered to carry out
among others fiduciary operations per the terms of section
XV of Article
46 of the Law of Credit
Institutions.
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b)
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It
agrees to carry out the responsibility conferred upon it herein
by the
Trustors, for which reason it is appearing to sign this Replacement
Agreement in its capacity as Replacing
Trustee.
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c)
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It
recognizes the content and legal scope of the trust to which
the
background section of this agreement
refers.
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| d) |
Its
representatives have the powers needed to sign this Agreement,
offering
proof of these powers with public deed number 97,506 dated
July 10, 2003
formalized by Xxxxxxx Xxxxxxxx Xxxxxxx, Notary Public number 151 of the
Federal District, duly entered in the Public Register of Trade
of the
Federal District under commercial folio number 193,508 dated
July 25,
2003, stating that its powers have not been revoked, limited
or amended in
any way.
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| e) |
It
has received from the Trustors a request to act as Replacing
Trustee in
the trust to which the Background section One of this Agreement
refers,
stating that it agrees to take on the responsibility conferred
upon it
herein.
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In
view
whereof, the parties herewith enter into a binding agreement comprising the
following
C
L A U S E S
FIRST.
BBVA BANCOMER SERVICIOS, SOCIEDAD ANÓNIMA, MULTIPLE BANKING
INSTITUTION, FINANCIAL GROUP BBVA BANCOMER in its capacity as REPLACED
TRUSTEE,
by instructions formalized in this deed by the Trustors, and IXE BANCO,
SOCIEDAD
ANÓNIMA, MULTIPLE BANKING INSTITUTION, IXE FINANCIAL GROUP, TRUSTS DIVISION
in
its capacity as Replacing Trustee, agree that the latter shall replace
the
former as Fiduciary Institution in the Trust Agreement cited in the Background
section One of this Agreement.
SECOND.
The Replacing Trustee, through its Delegate Trustees, accept the responsibility
conferred upon it, assuming herein all powers and obligations pertaining
to
their role as REPLACING TRUSTEE, starting from the date this Agreement
is
signed, per the terms and conditions agreed upon in the Trust and in
those
Agreements amending the trust cited in the Background section One of
this
Agreement. For the purposes of registration of the Replacing Trustee,
from this
time on the Trust shall be identified and registered under number
F/633.
4
THIRD.
ON THE CONVEYANCE OF THE PROPERTY. As a consequence of this
Agreement, the Replaced Trustee shall convey in this act to the Replacing
Trustee, who shall to its satisfaction receive, the total sum of the assets
of
the Trust, that have been accounted for and recorded to date in the Trust
Agreement F/29307-6, on the date of signature of this Agreement, said assets
being detailed in Annex B of this Agreement, duly signed by the parties, and
forming an integral part thereof.
This conveyance shall be carried out by electronic transfer to checking account number 00000000 in the name of IXE BANCO, SOCIEDAD ANÓNIMA, Trust F/633 (key 032180000122331969) and/or transferred to the Stock Exchange Intermediary Agreement number 651380 in the name of IXE BANCO, SOCIEDAD ANÓNIMA, trust F/633.
The Trustors have a period of 15 working days to set out any clarifications they deem appropriate with regard to the assets of the trust. Once this period has passed, and the Trustors have not issued any comments on the matter, then these assets shall be understood as being tacitly approved.
It should be mentioned that the Replaced Trustee, as a consequence of this replacement, shall revoke each and every one of the powers granted by instruction of the Technical Committee in the trust mentioned in the Background section One.
The Replacing Trustee shall in this act consider as being received the shares of the assets placed in trust which are protected by the securities endorsed and delivered to it by the Replaced Trustee. Likewise, the Replaced Trustee shall sign the communications sent to the Secretary of the Board of Directors of the issuer of those securities in order to notify him that he must notate in the book of shareholders the handover of the aforementioned shares to the Replacing Trustee.
The Replaced Trustee states that the securities described in Annex B on the signature date of this Agreement comprise the totality of the assets placed in trust.
This conveyance shall be carried out by electronic transfer to checking account number 00000000 in the name of IXE BANCO, SOCIEDAD ANÓNIMA, Trust F/633 (key 032180000122331969) and/or transferred to the Stock Exchange Intermediary Agreement number 651380 in the name of IXE BANCO, SOCIEDAD ANÓNIMA, trust F/633.
The Trustors have a period of 15 working days to set out any clarifications they deem appropriate with regard to the assets of the trust. Once this period has passed, and the Trustors have not issued any comments on the matter, then these assets shall be understood as being tacitly approved.
It should be mentioned that the Replaced Trustee, as a consequence of this replacement, shall revoke each and every one of the powers granted by instruction of the Technical Committee in the trust mentioned in the Background section One.
The Replacing Trustee shall in this act consider as being received the shares of the assets placed in trust which are protected by the securities endorsed and delivered to it by the Replaced Trustee. Likewise, the Replaced Trustee shall sign the communications sent to the Secretary of the Board of Directors of the issuer of those securities in order to notify him that he must notate in the book of shareholders the handover of the aforementioned shares to the Replacing Trustee.
The Replaced Trustee states that the securities described in Annex B on the signature date of this Agreement comprise the totality of the assets placed in trust.
FOURTH.
In accordance with statements made by the
Trustors and by the Replaced Trustee, the parties to this agreement agree that
any explanation that must be given to anyone, either of a public or private
nature, with respect to the operations carried out during the activity of BBVA
Bancomer Servicios SA, Multiple Banking Institution, Financial Group BBVA
Bancomer Trust office as Trustee will have to be done by the
Trustors.
FIFTH.
INDEMNIFICATION. The Trustors jointly, solidarily
and without restrictions agree to leave the Replaced Trustee, its Delegate
Trustees, functionaries, employees, external auditors and those with legal
powers to act, free and clear of any obligation with regard to any complaint,
claim, lawsuit, reports on facts of an offense and in general any conflict
deriving from the actions performed by the Replaced Trustee and in compliance
with the purposes of the trust referred to in the Background section 1 of this
Trustee Replacement Agreement, in observance of the provisions of the clauses
of
the Agreement with respect to the instructions of the Technical Committee of
the
Trust, and as applicable, likewise, by signing this Agreement. Furthermore,
the
Trustors jointly, solidarily and with restrictions agree to indemnify the
Replaced Trustee, its Delegate Trustees, functionaries, employees, external
auditors and those with legal powers to act, reimbursing them for the sum of
any
fine, penalties and damages and in general any expense including those for
external solicitors which they may have incurred for their attention to the
matters mentioned above, unless it can be demonstrated that the Replaced Trustee
has acted with negligence, fraud or bad faith or has not transferred the amount
indicated per the terms of the second clause of this Agreement.
5
The provisions of the paragraph above shall take legal effect beginning on this date and shall last for the term of the trust as well as after its end.
6
SIXTH.
DISCHARGE AGREEMENT.
The Trustors in this act expressly release the Replaced Trustee from the
obligations and responsibilities derived from handling the property which
makes
up the assets placed in trust and which are given in Annex "B" of this
Agreement, stating expressly their agreement with the administration and
handling thereof on the part of the Replaced Trustee from the date on which
it
assumed the responsibility of trustee of the Trust Agreement, until the date
this Agreement was signed, for which reason the Trustors grant the Replaced
Trustee the broadest discharge allowed by law, with no present or future
rights
or legal action whatsoever reserved against BBVA Bancomer Servicios SA, Multiple
Banking Institution, BBVA Bancomer Financial Group, Trust Office or against
their representatives or employees.
The discharge referred to in this clause shall apply only if the Trustors or the Replaced Trustee have no objections to the stipulations of the third clause of this Agreement.
The discharge referred to in this clause shall apply only if the Trustors or the Replaced Trustee have no objections to the stipulations of the third clause of this Agreement.
SEVENTH.
ON
THE LIABILITY OF THE REPLACING TRUSTEE.The Trustors and the
Replaced Trustee recognize and accept expressly that the Replacing Trustee
shall
assume no responsibility for the investment that the Replaced Trustee made
nor
for the way in which it administered the assets that were placed in trust
since
the obligations of the Replaced Trustee will only have begun at the time
this
Agreement is signed.
EIGHTH.
Compliance with fiscal obligations which, as a consequence both of the
term of
the trust and the acts carried out in execution thereof, as well as of
this
agreement, set out or impose corresponding fiscal provisions shall be
the strict
responsibility of the Trustors, and they release the Replaced Trustee
from any
fiscal liability which may have been generated by its administration
and
operation of the trust as well as the trustee replacement brought about
with
this Agreement, by virtue of which it is the exclusive responsibility
of the
Trustor to comply with obligations deriving from applicable fiscal
laws.
NINTH.
COMMISSIONS AND EXPENSES.
The Replaced Trustee states that it has received from the Trustors on
the date
this Agreement was signed full payment of all commissions, fees and other
emoluments or compensations due it for carrying out the responsibilities
conferred upon it as well as payment of all expenses he may have laid
out in
performance of these responsibilities which originated during the period
in
which it acted as trustee of the Trust Agreement, for which reason in
this act
the Replaced Trustee grants to the Trustor the broadest discharge allowable
in
law, reserving no rights or legal action present or future against the
Trustors.
TENTH.
CLAUSES
IN FORCE.
With the exception of what is expressly stipuated in this Agreement
and the
trustee replacement being carried out herein, the Trustors and the
Replacing
Trustee state that for all legal purposes the Trust Agreement and its
amending
agreements comprise each and every one of its terms and conditions,
the above
without detriment to any revisions and modifications which may be made
after
this Agreement is signed.
7
ELEVENTH.
CONFORMITY.
The parties indicate their conformity with the trust replacement referred
to in
this Agreement as well as to each and every one of the background statements,
representations and clauses set out therein.
TWELFTH. DOMICILES.
For all legal purposes the parties indicate as their domiciles the
following:
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Replaced
Trustee
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Av.
Universidad 1200, Col. Xoco, Xxxxxxxxxx
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Xxxxxx
Xxxxxx, Xxxxxx, X.X., X.X. 00000
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Replacing
Trustee
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Reforma
No. 505 floor 48 Col. Xxxxxxxxxx,
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Delegación
Xxxxxxxxxx, Mexico, D.F., C.P. 06500
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| Trustors: |
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Xxxxx
Xxxxxx Xxxxxxx Xxxxx
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Paseo
de la Reforma 2631, Xxxxx xx Xxxxxxxxxxx,
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00000
Xxxxxx, D.F.
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Francisco
de Xxxxx Xxxxxxx Xxxxx
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Xxxxxx
Xxxxxxx 000-X, Xxxxxxx, X.X. 00000,
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Xxxxxx.
D.F.
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Xxx
Xxxxx Xxxxxxx Xxxxx
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Bosque
de Tabachines 327 Torre Uno, Pent House
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2,
Condominio Real del Bosque, Col. Xxxxxxx xx
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xxx
Xxxxx, 000000 Xxxxxx, D.F.
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Xxxxx
Xxxxxxx Xxxxxxx Xxxxx
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Prolongacion
Paseo de la Reforma 1232, Pent
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House
1704, Col. Xxxxx xx Xxxxxxx, 00000
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Xxxxxx,
X.X.
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Xxxxxx
de Xxxxx Xxxxxxx Xxxxx
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Boulevard
Kukulcan Kilometer 2.2, Condominio
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"Las
Quintas", Xxxx Xx. 0, Xxxxxx, Xxxxxxxx Xxx,
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X.X.
00000
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Xxxx
Xxxxxx Xxxxxxx Xxxxx
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Paseo
de los Laureles 444, Torre Verde,
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Departamento
1401, Col. Xxxxxxx xx xxx Xxxxx,
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00000,
Xxxxxx. D.F.
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THIRTEENTH.
ANNEXES AND HEADINGS.All
documents annexed to this Agreement or those to which reference is made form
an
integral part thereof, as if they had been actually inserted in it. The titles
and headings of the clauses of this Agreement shall be used only for reference
and shall not affect the interpretation thereof.
FOURTEENTH.The
Replaced Trustee, in signing this Agreement, shall receive the amount of
$15,000
(15,000 pesos 00/100) plus VAT, an amount which the TRUSTORS must pay to
the
Replaced Trustee before signing this Agreement.
8
FIFTEENTH.
LEGISLATION
AND JURISDICTION. For
all
matters relating to interpretation and compliance with this Agreement, the
parties expressly and irrevocably subject themselves to the applicable laws
of
México and to the jurisdiction of the competent courts of México City, Federal
District; for which reason they expressly and irrevocably waive from here on
in
any other forum they may be able to use by reason of their respective domiciles,
either present or future, or for any other reason.
The
parties were read the contents of this Trustee Replacement Agreement, signed
in
three original copies in Mexico City D.F. on June 15, 2007
REPLACED
TRUSTEE
BBVA
BANCOMER SERVICIOS S.A. MULTIPLE BANKING INSTITUTION,
FINANCIAL
GROUP BBVA TRUST OFFICE,
REPRESENTED
HEREIN BY ITS DELEGATE TRUSTEES:
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/s/
Xxxx Xxxxx Sora Xxxxx
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/s/
Xxxxxxx Xxxxxx Xxxxxxxxx
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Xxxx
Xxxxx Sora Xxxxx
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Xxxxxxx
Xxxxxx Xxxxxxxxx
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TRUSTORS
AND BENEFICIARIES:
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/s/
Xxxxx Xxxxxx Xxxxxxx Xxxxx
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/s/
Francisco de Xxxxx Xxxxxxx Xxxxx
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| Xxxxx Xxxxxx Xxxxxxx Xxxxx | Xxxxxxxxx de Xxxxx Xxxxxxx Xxxxx | |
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/s/
Xxx Xxxxx Xxxxxxx Xxxxx
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/s/
Xxxxx Xxxxxxx Xxxxxxx Xxxxx
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Xxx
Xxxxx Xxxxxxx Xxxxx
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Xxxxx Xxxxxxx Xxxxxxx Xxxxx | |
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/s/
Xxxxxx de Xxxxx Xxxxxxx Xxxxx
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/s/
Xxxxxx Xxxxxx de Xxxxx Xxxxxxx Xxxxx
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| Xxxxxx de Xxxxx Xxxxxxx Xxxxx | Xxxxxx Xxxxxx de Xxxxx Xxxxxxx Xxxxx |
/s/
Xxxx Xxxxxx
Xxxxxxx Xxxxx
Xxxx
Xxxxxx Xxxxxxx Xxxxx
9
REPLACING
TRUSTEE
IXE
BANCO S.A. MULTIPLE BANKING INSTITUTION,
IXE
FINANCIAL GROUP
REPRESENTED
HEREIN BY ITS FIDUCIARY DELEGATE
AND
LEGAL DIRECTOR
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/s/
Xxxxxx Xxxxxxx Lever
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/s/
Xxxxxxx Xxxxx Xxxxxx Xxxxx
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| Xxxxxx Xxxxxxx Lever | Xxxxxxx Xxxxx Xxxxxx Xxxxx | |
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FIDUCIARY
DELEGATE
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LEGAL
DIRECTOR
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THESE
SIGNATURES CORRESPOND TO THE TRUSTEE REPLACEMENT AGREEMENT FOR TRUST NUMBER
F/29307-6, SIGNED ON JUNE 15, 2007
10
