C10 CAPITAL (SPV) LIMITED (CEMEX, S.A.B. de C.V.) Purchase AgreementPurchase Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
AMENDED AND RESTATED CREDIT AGREEMENT among CEMEX, S.A. de C.V., as Borrower and CEMEX MÉXICO, S.A. de C.V., as Guarantor and EMPRESAS TOLTECA de MÉXICO, S.A. de C.V., as Guarantor and BARCLAYS BANK PLC, NEW YORK BRANCH, as Issuing Bank and...Credit Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
AMENDED AND RESTATED CREDIT AGREEMENT, dated as of June 6, 2005 among CEMEX, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (the “Borrower”), CEMEX MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States, EMPRESAS TOLTECA DE MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (each a “Guarantor” and together, the “Guarantors”), BARCLAYS BANK PLC, NEW YORK BRANCH (“Barclays”), as an Issuing Bank and Documentation Agent, ING BANK N.V., as an Issuing Bank (together with Barclays in its capacity as an Issuing Bank, the “Issuing Banks”), the several Lenders party hereto, BARCLAYS CAPITAL, THE INVESTMENT BANKING DIVISION OF BARCLAYS BANK PLC, as a Joint Bookrunner, CITIGROUP GLOBAL MARKETS INC., as a Joint Bookrunner and Syndication Agent and ING CAPITAL LL
FACILITY AGREEMENT AMONG:Facility Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
THIS AMENDMENT AND WAIVER AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of December 1, 2006, is entered into between CEMEX, S.A.B. DE C.V., a sociedad anónima bursátil de capital variable organized under the laws of the United Mexican States (“Mexico”) (formerly CEMEX, S.A. de C.V.) (the “Borrower”), Cemex México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico and Empresas Tolteca de México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico (each a “Guarantor” and collectively the “Guarantors”) and ING CAPITAL LLC, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) acting on the instructions of the Required Lenders for and on behalf of the Lenders party to the Credit Agreement (as defined below).
AMENDMENT AGREEMENTAmendment Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
AMENDMENT AGREEMENT, dated as of September 1, 2006 (this “Agreement”), is entered into by and among Cemex España Finance LLC, a Delaware limited liability company (the “Company”), Cemex España, S.A., a corporation organized under the laws of the Kingdom of Spain (“Cemex España”), Cemex Caracas Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex Caracas II Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex Egyptian Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex American Holdings B.V., a limited liability company organized under the laws of The Netherlands, Cemex Shipping B.V., a limited liability company organized under the laws of The Netherlands, Cemex Asia B.V., a limited liability company organized under the laws of The Netherlands (each a “Guarantor” and together with Cemex España the “Guarantors”), and the holders of the Notes party hereto re
NEW SUNWARD HOLDING B.V. as Borrower CEMEX, S.A.B. DE C.V., CEMEX MÉXICO, S.A. DE C.V. and EMPRESAS TOLTECA DE MÉXICO, S.A. DE C.V. as Original Guarantors and CITIBANK, N.A. acting as Agent on the instructions of the Majority Lenders DEED OF WAIVER...Term and Revolving Facilities Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic
AMENDMENT AGREEMENTAmendment Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
AMENDMENT AGREEMENT, dated as of September 1, 2006 (this “Agreement”), is entered into by and among Cemex España Finance LLC, a Delaware limited liability company (the “Company”), Cemex España, S.A., a corporation organized under the laws of the Kingdom of Spain (“Cemex España”), Cemex Caracas Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex Caracas II Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex Egyptian Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex American Holdings B.V., a limited liability company organized under the laws of The Netherlands, Cemex Shipping B.V., a limited liability company organized under the laws of The Netherlands, Cemex Asia B.V., a limited liability company organized under the laws of The Netherlands (each a “Guarantor” and together with Cemex España the “Guarantors”), and the holders of the Notes party hereto re
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
This Third Amendment to the Credit Agreement (as defined below), dated as of May 9, 2007 (this "Amendment No. 3"), is entered into by and among CEMEX, S.A.B. de C.V., a sociedad anonima bursátil de capital variable organized and existing pursuant to the laws of the United Mexican States (formerly known as "CEMEX, S.A. de C.V.") (the "Borrower"), CEMEX MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States, EMPRESAS TOLTECA DE MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (each a "Guarantor" and together, the "Guarantors"), BARCLAYS BANK PLC, NEW YORK BRANCH ("Barclays"), as an Issuing Bank and Documentation Agent, ING BANK N.V., as an Issuing Bank (together with Barclays in its capacity as an Issuing Bank, the "Issuing Banks"), the several Lenders party hereto, BARCLAYS CAPITAL, THE INVESTMENT BANKING DIVISION OF BARCLAYS
Bid AgreementBid Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New South Wales
The parties agree as set out in the Operative part of this agreement, in consideration of, among other things, the mutual promises contained in this agreement.
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
This Amendment No. 1 to the Credit Agreement (as defined below), dated as of June 21, 2006 (this “Amendment No. 1”), is entered into by and among CEMEX, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (the “Borrower”), CEMEX MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States, EMPRESAS TOLTECA DE MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (each a “Guarantor” and together, the “Guarantors”), BARCLAYS BANK PLC, NEW YORK BRANCH (“Barclays”), as an Issuing Bank and Documentation Agent, ING BANK N.V., as an Issuing Bank (together with Barclays in its capacity as an Issuing Bank, the “Issuing Banks”), the several Lenders party hereto, BARCLAYS CAPITAL, THE INVESTMENT BANKING DIVISION OF BARCLAYS BANK PLC, as a Joint Bookrunner, CITIGROUP GLOBAL
C10-EUR CAPITAL (SPV) LIMITED (CEMEX, S.A.B. de C.V.) Purchase AgreementPurchase Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
C10-EUR Capital (SPV) Limited, a British Virgin Islands restricted purpose company (the “Issuer”), proposes to issue and sell to the several Managers listed in Schedule 1 hereto (the “Managers”), for whom you are acting as Joint Lead Managers, €730,000,000 principal amount of its 6.277% Fixed-to-Floating Rate Callable Perpetual Debentures (the “Securities”). The Securities will be issued pursuant to an Indenture to be dated as of May 9, 2007 (the "Indenture") among the Issuer and The Bank of New York, as trustee (the “Trustee”).
CONFORMED COPY (incorporating amendments made pursuant to a syndication and amendment agreement dated 21 December 2006) US$9,000,000,000 ACQUISITION facilities agreement dated 6 DECEMBER 2006 for CEMEX ESPAÑA, S.A. as Borrower citigroup global markets...Acquisition Facilities Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • England
AMENDMENT AND WAIVER AGREEMENTAmendment and Waiver Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
THIS AMENDMENT AND WAIVER AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”), dated as of November 30, 2006, is entered into between CEMEX, S.A.B. DE C.V., a sociedad anónima bursátil de capital variable organized under the laws of the United Mexican States (“Mexico”) (formerly CEMEX, S.A. de C.V.) (the “Borrower”), Cemex México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico and Empresas Tolteca de México, S.A. de C.V., a sociedad anónima de capital variable organized under the laws of Mexico (each a “Guarantor” and collectively the “Guarantors”) and BARCLAYS BANK PLC, NEW YORK BRANCH, as administrative agent for the Lenders (in such capacity, the “Administrative Agent”) acting on the instructions of the Required Lenders for and on behalf of the Lenders party to the Credit Agreement (as defined below).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
This Third Amendment to the Credit Agreement (as defined below), dated as of May __, 2007 (this "Amendment No. 3"), is entered into by and among CEMEX, S.A.B. de C.V., a sociedad anonima bursátil de capital variable organized and existing pursuant to the laws of the United Mexican States (formerly known as "CEMEX, S.A. de C.V.") (the "Borrower"), CEMEX MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States, EMPRESAS TOLTECA DE MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (each a "Guarantor" and together, the "Guarantors"), the several Lenders party hereto, BARCLAYS BANK PLC, NEW YORK BRANCH, as Administrative Agent, BARCLAYS CAPITAL, THE INVESTMENT BANKING DIVISION OF BARCLAYS BANK PLC, as Joint Lead Arranger and Joint Bookrunner and CITIGROUP GLOBAL MARKETS INC., as Documentation Agent, Joint Lead Arranger and Joint Boo
AMENDMENT NO. 1 TO CREDIT AGREEMENTCredit Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
This Amendment No. 1 to the Credit Agreement (as defined below), dated as of June 19, 2006 (this “Amendment No. 1"), is entered into by and among CEMEX, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (the “Borrower”), CEMEX MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States, EMPRESAS TOLTECA DE MÉXICO, S.A. de C.V., a sociedad anonima de capital variable organized and existing pursuant to the laws of the United Mexican States (each a “Guarantor” and together, the “Guarantors”), the several Lenders party hereto, BARCLAYS BANK PLC, NEW YORK BRANCH, as Administrative Agent, BARCLAYS CAPITAL, THE INVESTMENT BANKING DIVISION OF BARCLAYS BANK PLC, as Joint Lead Arranger and Joint Bookrunner and CITIGROUP GLOBAL MARKETS INC., as Documentation Agent, Joint Lead Arranger and Joint Bookrunner.
CEMEX FINANCE EUROPE B.V. EUR 900,000,000 4.75 per cent. Notes due 2014 Guaranteed by cemex espaÑA, S.A. SUBSCRIPTION AGREEMENTSubscription Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic
AMENDMENT AGREEMENTAmendment Agreement • June 29th, 2007 • Cemex Sa De Cv • Cement, hydraulic • New York
AMENDMENT AGREEMENT, dated as of September 1, 2006 (this “Agreement”), is entered into by and among Cemex España Finance LLC, a Delaware limited liability company (the “Company”), Cemex España, S.A., a corporation organized under the laws of the Kingdom of Spain (“Cemex España”), Cemex Caracas Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex Caracas II Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex Egyptian Investments B.V., a limited liability company organized under the laws of The Netherlands, Cemex American Holdings B.V., a limited liability company organized under the laws of The Netherlands, Cemex Shipping B.V., a limited liability company organized under the laws of The Netherlands, Cemex Asia B.V., a limited liability company organized under the laws of The Netherlands (each a “Guarantor” and together with Cemex España the “Guarantors”), and the holders of the Notes party hereto re
