US$22,896,000 LOAN AGREEMENTLoan Agreement • June 15th, 2010 • Gruma Sab De Cv • Miscellaneous food preparations & kindred products • New York
This LOAN AGREEMENT is entered into as of October 16, 2009, by and between GRUMA, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized under the laws of Mexico (together with its successors, the “Company”), and Standard Chartered Bank, a bank organized under the laws of England (together with its successors and assigns, the “Lender”). All capitalized terms used but not otherwise defined have the meaning given to them in Section 1.01 (Definitions).
US$197,000,000 SENIOR SECURED LOAN AGREEMENT Dated as of October 16, 2009 by and among GRUMA, S.A.B. de C.V., as the Borrower, BBVA BANCOMER, S.A., INSTITUCIÓN de BANCA MÚLTIPLE, GRUPO FINANCIERO BBVA BANCOMER, as Administrative Agent, BBVA SECURITIES...Senior Secured Loan Agreement • June 15th, 2010 • Gruma Sab De Cv • Miscellaneous food preparations & kindred products • New York
This SENIOR SECURED LOAN AGREEMENT is entered into as of October16, 2009, by and among GRUMA, S.A.B. de C.V., a sociedad anónima bursátil de capital variable organized under the laws of Mexico (together with its successors, the “Company”), the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually, a “Lender”), BBVA Bancomer, S.A., Institución de Banca Múltiple, Grupo Financiero BBVA Bancomer, as Administrative Agent for the Lenders, BBVA Securities Inc., as a Bookrunner and Lead Arranger (the “Lead Arranger”) and The Bank of New York Mellon, as Collateral Agent for the Lenders. All capitalized terms used but not otherwise defined have the meaning given to them in Section 1.01 (Definitions).
TRANSLATION FOR REFERENCE PURPOSES ONLY PUBLIC DEED NUMBER SIXTY THOUSAND EIGHT HUNDRED AND SEVENTY FIVE VOLUME ONE THOUSAND FOUR HUNDRED AND SEVENTY TWODebt Recognition and Refinancing Agreement • June 15th, 2010 • Gruma Sab De Cv • Miscellaneous food preparations & kindred products
The DEBT RECOGNITION AND REFINANCING AGREEMENT entered by and between BANCO NACIONAL DE COMERCIO EXTERIOR, SOCIEDAD ANÓNIMA DE CAPITAL VARIABLE as the “LENDER”, represented herein by Messrs. Eduardo Muñiz Juárez and Horacio Vaquera García and by GRUMA, SOCIEDAD ANÓNIMA BURSÁTIL DE CAPITAL VARIABLE, represented herein by Messrs. Raúl Alonso Peláez Cano and Guillermo Elizondo Ríos, hereinafter known as the “BORROWER”, and together hereinafter known as the “PARTIES”, within the following antecedents, recitals and clauses:
FIRST SUPPLEMENTAL INDENTURE Dated as of October 21, 2009 to INDENTURE Dated as of December 3, 2004 between GRUMA, S.A.B. de C.V. AND THE BANK OF NEW YORK MELLON AS TRUSTEESupplemental Indenture • June 15th, 2010 • Gruma Sab De Cv • Miscellaneous food preparations & kindred products
This FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of October 21, 2009, is entered into by and between Gruma, S.A.B. de C.V. (the “Company”), a corporation (sociedad anónima bursátil de capital variable), organized and existing under the laws of the United Mexican States (“Mexico”) and THE BANK OF NEW YORK MELLON, a corporation organized under the laws of The State of New York, authorized to conduct a banking business, as trustee (herein called the “Trustee”) for the Holders of 7.75% Perpetual Bonds issued under the Indenture (as defined below). Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed thereto in such Indenture, unless otherwise specified.
