building a STRONGER foundation - Cemex

The agreements may contain representations and warranties by each of the parties to the applicable agreement. These
representations and warranties have been made solely for the benefit of the other parties to the applicable agreement and:
should not in all instances be treated as categorical statements of fact, but rather as a way of allocating the risk to one of
the parties if those statements prove to be inaccurate;
have been qualified by disclosures that were made to the other party in connection with the negotiation of the applicable
agreement, which disclosures are not necessarily reflected in the agreement;
may apply standards of materiality in a way that is different from what may be viewed as material to you or other
investors; and
were made only as of the date of the applicable agreement or such other date or dates as may be specified in the agreement
and are subject to more recent developments.
Accordingly, these representations and warranties may not describe the actual state of affairs as of the date they were made or at
any other time.
Item 11 - Qualitative and Quantitative Disclosures About Market Risk
See “Item 5 — Operating and Financial Review and Prospects — Qualitative and Quantitative Market Disclosure — Our
Derivative Financial Instruments.”
Item 12 - Description of Securities Other than Equity Securities
Item 12A - Debt Securities
Not applicable.
Item 12B - Warrants and Rights
Not applicable.
Item 12C - Other Securities
Not applicable.
Item 12D - American Depositary Shares
Depositary Fees and Charges
Under the terms of the Deposit Agreement for CEMEX, S.A.B. de C.V.’s ADSs, an ADS holder may have to pay the following
service fees to the depositary:
Services Fees
Issuance of ADSs upon deposit of eligible securities Up to 5¢ per ADS issued.
Surrender of ADSs for cancellation and withdrawal of deposited
securities
Up to 5¢ per ADS surrendered.
Exercise of rights to purchase additional ADSs Up to 5¢ per ADS issued.
Distribution of cash (i.e., upon sale of rights and other entitlements) Up to 2¢ per ADS held.
An ADS holder also is responsible to pay fees and expenses incurred by the ADS depositary and taxes and governmental
charges including, but not limited to:
transfer and registration fees charged by the registrar and transfer agent for eligible and deposited securities, such as upon
deposit of eligible securities and withdrawal of deposited securities;
expenses incurred for converting foreign currency into Dollars;
expenses for cable, telex and fax transmissions and for delivery of securities;
expenses incurred in connection with compliance with exchange control regulations and other applicable regulatory
requirements;
fees and expenses incurred in connection with the delivery of deposited securities; and
taxes and duties upon the transfer of securities, such as when eligible securities are deposited or withdrawn from deposit.
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