building a STRONGER foundation - Cemex

4.27.3 Amendment No. 1 to U.S.$525,000,000 Senior Unsecured Maturity Loan “B” Agreement, dated January 22, 2009. (i)
4.28 Forward Transaction (CEMEX Shares) Confirmation, Forward Transaction (NAFTRAC Shares) and Put Option Transaction
Confirmation, with Credit Support Annex, each dated April 23, 2008, between Citibank, N.A. and a Mexican trust
established by CEMEX on behalf of CEMEX’s Mexican pension fund and certain of CEMEX’s directors and current and
former employees. (h)
4.29 Structured Transaction, dated June 2008, comprised of: (i) U.S.$500 million Credit Agreement, dated June 25, 2008, among
CEMEX, S.A.B. de C.V., as borrower, CEMEX México S.A. de C.V, as guarantor, and Banco Bilbao Vizcaya Argentaria,
S.A. New York Branch, as lender; (ii) U.S.$500 million aggregate notional amount of Put Spread Option Confirmations,
dated June 3, 2008 and June 5, 2008, between Centro Distribuidor de Cemento, S.A. de C.V. and Banco Santander, S.A.,
Institución de Banca Múltiple, Grupo Financiero Santander; and (iii) Framework Agreement, dated June 25, 2008, by and
among CEMEX, S.A.B. de C.V., CEMEX México S.A. de C.V, Banco Santander (Mexico), S.A., Institución de Banca
Múltiple, Grupo Financiero Santander and Banco Bilbao Vizcaya Argentaria, S.A. New York Branch. (h)
4.30.1 Amendment No. 1 to U.S.$500 million Credit Agreement, dated December 18, 2008. (i)
4.30.2 Amendment No. 2 to U.S.$500 million Credit Agreement, dated January 22, 2009. (i)
4.31 U.S.$437,500,000.00 and Ps4,773,282,950.00 Credit Agreement, dated January 27, 2009 among CEMEX, S.A.B. de C.V.,
as borrower, CEMEX México, S.A. de C.V. and CEMEX Concretos, S.A. de C.V., as guarantors, and a group of banks, as
lenders, BBVA Bancomer, S.A., Institución de Banca Múltiple, Grupo Financiero BBVA Bancomer, as administrative agent,
and BBVA Bancomer, S.A., Institución De Banca Múltiple, Grupo Financiero BBVA Bancomer, Citigroup Global Markets
Inc., HSBC Securities (USA) Inc., Santander Investment Securities Inc., and The Royal Bank of Scotland PLC, each a joint
arranger and joint bookrunner. (i)
4.32 U.S.$617,500,000 and €587,500,000 Facilities Agreement dated January 27, 2009, and among CEMEX España, S.A., as the
obligors and original guarantors; Banco Santander, S.A. and The Royal Bank of Scotland PLC, as coordinators, financial
institutions, as lenders; and The Royal Bank of Scotland PLC, as agent. (i)
4.33 Financing Agreement for CEMEX, S.A.B. de C.V., dated August 14, 2009, with the financial institutions and noteholders
named therein as Participating Creditors and Citibank International plc acting as Administrative Agent and Wilmington
Trust (London) Limited acting as Security Agent. (j)
4.33.1 Amendment Agreement, dated December 1, 2009, between CEMEX, S.A.B. de C.V. acting for itself and as agent on behalf
of each Obligor and Citibank International plc acting for itself and as Administrative Agent on behalf of the Financing
Parties, related to the Financing Agreement, dated August 14, 2009. (j)
4.33.2 Amendment Agreement, dated March 18, 2010, between CEMEX, S.A.B. de C.V. acting for itself and as agent on behalf of
each Obligor and Citibank International plc acting for itself and as Administrative Agent on behalf of the Financing Parties,
related to the Financing Agreement, dated August 14, 2009. (j)
4.33.3 Amendment Agreement, dated October 25, 2010, between CEMEX, S.A.B. de C.V. acting for itself and as agent on behalf
of each Obligor and Citibank International plc acting for itself and as Administrative Agent on behalf of the Financing
Parties, related to the Financing Agreement, dated August 14, 2009. (k)
4.33.4 Amendment Agreement, dated April 13, 2011, between CEMEX, S.A.B. de C.V. acting for itself and as agent on behalf of
each Obligor and Citibank International plc acting for itself and as Administrative Agent on behalf of the Financing Parties,
related to the Financing Agreement, dated August 14, 2009. (k)
4.33.5 Amended and Restated Financing Agreement for CEMEX, S.A.B. de C.V., dated August 14, 2009, with the financial
institutions and noteholders named therein as Participating Creditors and Citibank International plc acting as Administrative
Agent and Wilmington Trust (London) Limited acting as Security Agent. (k)
4.34 Omnibus Amendment and Waiver Agreement, dated August 14, 2009, by and among CEMEX, S.A.B. de C.V., New
Sunward Holding B.V. CEMEX Materials, LLC, as borrowers, CEMEX México, S.A. de C.V., Empresas Tolteca de
México, S.A. de C.V., CEMEX Concretos, S.A. de C.V., CEMEX España, S.A. as guarantors, the financial institutions listed
therein in their capacities as lenders under certain Existing Agreements (as defined therein) and the financial institutions
listed in therein in their capacity as administrative agents under certain Existing Agreements. (j)
4.35 Intercreditor Agreement, dated August 14, 2009, by and among Citibank International plc as Administrative Agent, The
Participating Creditors (as named therein), CEMEX, S.A.B. de C.V. and certain of its subsidiaries as Original Borrowers,
Original Guarantors and Original Security Providers, and Wilmington Trust (London) Limited acting as Security Agent and
others. (j)
167