building a STRONGER foundation - Cemex
building a STRONGER foundation - Cemex
building a STRONGER foundation - Cemex
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4.71 Indenture, dated April 5, 2011, among CEMEX, S.A.B. de C.V., the Note Guarantors party thereto and the Bank of New<br />
York Melon, as Trustee relating to the issuance by CEMEX, S.A.B. de C.V. of U.S.$800,000,000 Floating Rate Senior<br />
Secured Notes due 2015. (k)<br />
8.1 List of subsidiaries of CEMEX, S.A.B. de C.V. (k)<br />
12.1 Certification of the Principal Executive Officer of CEMEX, S.A.B. de C.V. pursuant to Section 302 of the Sarbanes-Oxley<br />
Act of 2002. (k)<br />
12.2 Certification of the Principal Financial Officer of CEMEX, S.A.B. de C.V. pursuant to Section 302 of the Sarbanes-Oxley<br />
Act of 2002. (k)<br />
13.1 Certification of the Principal Executive and Financial Officers of CEMEX, S.A.B. de C.V. pursuant to 18 U.S.C. Section<br />
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. (k)<br />
14.1 Consent of KPMG Cárdenas Dosal, S.C. to the incorporation by reference into the effective registration statements of<br />
CEMEX, S.A.B. de C.V. under the Securities Act of 1933 of their report with respect to the consolidated financial<br />
statements of CEMEX, S.A.B. de C.V., which appears in this Annual Report on Form 20-F. (k)<br />
(a) Incorporated by reference to Form 6-K of CEMEX, S.A.B. de C.V., filed with the Securities and Exchange Commission on<br />
March 3, 2011.<br />
(b) Incorporated by reference to the Registration Statement on Form F-4 of CEMEX, S.A.B. de C.V. (Registration No. 333-10682),<br />
filed with the Securities and Exchange Commission on August 10, 1999.<br />
(c) Incorporated by reference to the 2002 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on April 8, 2003.<br />
(d) Incorporated by reference to the 2003 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on May 11, 2004.<br />
(e) Incorporated by reference to the 2004 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on May 27, 2005.<br />
(f) Incorporated by reference to the 2005 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on June 8, 2006.<br />
(g) Incorporated by reference to the 2006 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on June 27, 2007.<br />
(h) Incorporated by reference to the 2007 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on June 30, 2008.<br />
(i) Incorporated by reference to the 2008 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on June 30, 2009.<br />
(j) Incorporated by reference to the 2009 annual report on Form 20-F of CEMEX, S.A.B. de C.V. filed with the Securities and<br />
Exchange Commission on June 30, 2010.<br />
(k) Filed herewith.<br />
In reviewing the agreements included as exhibits to this annual report, please remember they are included to provide you with<br />
information regarding their terms and are not intended to provide any other factual or disclosure information about us or the other<br />
parties to the agreements.<br />
The agreements may contain representations and warranties by each of the parties to the applicable agreement. These<br />
representations and warranties have been made solely for the benefit of the other parties to the applicable agreement and:<br />
should not in all instances be treated as categorical statements of fact, but rather as a way of allocating the risk to one of<br />
the parties if those statements prove to be inaccurate;<br />
have been qualified by disclosures that were made to the other party in connection with the negotiation of the applicable<br />
agreement, which disclosures are not necessarily reflected in the agreement;<br />
may apply standards of materiality in a way that is different from what may be viewed as material to you or other<br />
investors; and<br />
were made only as of the date of the applicable agreement or such other date or dates as may be specified in the agreement<br />
and are subject to more recent developments.<br />
Accordingly, these representations and warranties may not describe the actual state of affairs as of the date they were made or at<br />
any other time.<br />
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