CEMEX, S.A. de C.V. AND CITIBANK, N.A., As Depositary AND HOLDERS AND BENEFICIAL OWNERS OF AMERICAN DEPOSITARY SHARES EVIDENCED BY AMERICAN DEPOSITARY RECEIPTS ________________________________ Amendment No. 1 to Second Amended and Restated Deposit...Deposit Agreement • July 12th, 2006 • Cemex Sa De Cv • Cement, hydraulic
Contract Type FiledJuly 12th, 2006 Company IndustryAMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED DEPOSIT AGREEMENT, is made as of July 1, 2005 (the “Amendment”), by and among CEMEX, S.A. de C.V., a company incorporated and existing under the laws of the United Mexican States (the “Company”), CITIBANK, N.A., a national banking association organized under the laws of the United States of America and acting solely as depositary (the “Depositary”) for an American Depositary Receipt facility (the “ADR Facility”) and all Holders and Beneficial Owners from time to time of American Depositary Shares evidenced by American Depositary Receipts issued under the Deposit Agreement (as defined below).