CEMEX Receives Consents from Holders of Its 2009 Notes and Extends Its Consent Solicitation for Its 2006 Notes.MONTERREY, Mexico -- CEMEX CEMEX Cementos Mexicanos , S.A. de C.V. ("CEMEX") (NYSE NYSE See: New York Stock Exchange :CX) announced today that it has received consents from holders representing a majority of the principal amount of its outstanding 9.625% Notes due 2009 (the "2009 Notes") authorizing certain proposed amendments to the indentures governing the 2009 Notes. E[acute accent acute accent n. A mark (´) indicating: a. that a vowel is close or tense, as é in French été. b. that a vowel or syllable has a high or rising pitch, as in Chinese or Ancient Greek. c. ]The consents were delivered pursuant to CEMEX's previously announced cash tender offer and consent solicitation Consent Solicitation A solicitation by one party to the stakeholders of a particular security for the consent of a material change. Notes: Should the majority of stakeholders provide valid consent prior to the consent expiry date, the issuer may then follow through with for any and all of its outstanding 2009 Notes. The consent solicitation relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc the 2009 Notes expired yesterday at 12:00 noon New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. time (the "2009 Note Consent Expiration Time Expiration time The time of day by which all exercise notices must be received on the expiration date. Technically, the expiration time is currently 11:59AM on the expiration date, but public holders of option contracts must indicate their desire to exercise no later than 5:30PM on "). E[acute accent]Holders of the 2009 Notes who have tendered their 2009 Notes and consented prior to the 2009 Note Consent Expiration Time will receive a total consideration of U.S.$1,221.10 per $1,000 principal amount of the 2009 Notes tendered (which includes the consent payment of U.S.$10.00). Holders of the 2009 Notes who have consented prior to the 2009 Note Consent Expiration Time without tendering their 2009 Notes will receive only the consent payment of U.S.$10.00 per $1,000 principal amount of the 2009 Notes with respect to which consents are delivered. Holders of the 2009 Notes who tender their securities before the expiration of the tender offer will not receive the consent payment portion of the total consideration set forth above. E[acute accent]The tender offer for the 2009 Notes is currently scheduled to expire at 12:00 noon, New York City time, on Thursday, October 14, 2004. Information regarding payment, tender and delivery procedures and conditions of the 2009 Note tender offer and consent solicitation and CEMEX's previously announced cash tender offer and consent solicitation for any and all of its outstanding 12 3/4% Notes due 2006 (the "2006 Notes") are contained in CEMEX's Offer to Purchase and Consent Solicitation Statement dated September 14, 2004 (the "Offer to Purchase and Consent Solicitation Statement"). E[acute accent]CEMEX also announced today that its solicitation solicitation In criminal law, the act of asking, inducing, or directing someone to commit a crime. The person soliciting another becomes an accomplice to the crime. The term also refers to the act of obtaining bribes, as well as to the crime of a prostitute who offers sexual of consents to proposed amendments to the indenture An agreement declaring the benefits and obligations of two or more parties, often applicable in the context of Bankruptcy and bond trading. The term indenture primarily describes secured contracts and has several applications in U.S. law. governing the 2006 Notes, which had originally been scheduled to expire yesterday at 12:00 noon, New York City time, has been extended until 12:00 noon, New York City time, on Thursday, October 14, 2004. The tender offer for the 2006 Notes is also currently scheduled to expire at 12:00 noon, New York City time, on Thursday, October 14, 2004. E[acute accent]In addition, CEMEX announced that holders of the 2006 Notes will no longer be entitled to withdraw tenders of securities or revoke To annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse. revoke v. to annul or cancel an act, particularly a statement, document, or promise, as if it no longer existed. consents. E[acute accent]Based on preliminary counts, as of 12:00 noon, New York City time, on October 4, 2004, consents representing 49.32% of the aggregate principal amount of the outstanding 2006 Notes had been delivered. The proposed amendments require the consents of holders of not less than a majority in aggregate principal amount of the 2006 Notes. E[acute accent]The dealer manager for the tender offers and the solicitation agent for the consent solicitations is J.P. Morgan Securities Inc. Copies of the Offer to Purchase and Consent Solicitation Statement can be obtained from D.F. King & Co., Inc., the information agent (Tel: 800-431-9642). E[acute accent]CEMEX is a leading global producer and marketer of cement and ready-mix products, with operations primarily concentrated in the world's most dynamic cement markets across five continents. CEMEX combines a deep knowledge of the local markets with its global network and information technology systems to provide world-class products and services to its customers, from individual homebuilders to large industrial contractors. For more information, visit www.cemex.com. |
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