SENIOR UNSECURED MATURITY LOAN “A” AGREEMENT among NEW SUNWARD HOLDING B.V., as Borrower and CEMEX, S.A.B. de C.V., as Guarantor and CEMEX MÉXICO, S.A. de C.V., as Guarantor and HSBC SECURITIES (USA) INC., as Sole Structuring Agent and HSBC SECURITIES...Senior Unsecured Maturity Loan Agreement • June 30th, 2009 • Cemex Sab De Cv • Cement, hydraulic • New York
Contract Type FiledJune 30th, 2009 Company Industry JurisdictionWHEREAS, the Senior Unsecured Dutch Loan “A” Agreement, dated as of June 2, 2008, by and among the Borrower, each Guarantor, HSBC SECURITIES (USA) INC., as sole structuring agent, HSBC SECURITIES (USA) INC., BANCO SANTANDER, S.A. AND THE ROYAL BANK OF SCOTLAND PLC as joint lead arrangers and joint bookrunners, ING Capital LLC, as administrative agent and each lender party hereto, as such agreement may be amended, modified or supplemented from time to time (the “Dutch Loan “A” Agreement”) permits the Borrower to convert its Dutch Loans outstanding thereunder into Loans outstanding under this Agreement, subject to the satisfaction or waiver of certain conditions to such conversion;