UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
_______________________
FORM
6-K
REPORT
OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 or 15d-16
UNDER
THE SECURITIES EXCHANGE ACT OF 1934
_______________________
Date
of Report: December 10, 2009
CEMEX, S.A.B. de
C.V.
(Exact
name of Registrant as specified in its charter)
CEMEX Publicly Traded Stock
Corporation
(Translation
of Registrant's name into English)
United Mexican
States
(Jurisdiction
of incorporation or organization)
Av.
Ricardo Margáin Zozaya #325, Colonia Valle del Campestre
Garza García, Nuevo León, México
66265
(Address
of principal executive offices)
Indicate
by check mark whether the registrant files or will file annual reports under
cover Form 20-F or Form 40-F.
Form
20-F X Form
40-F ___
Indicate
by check mark whether the registrant by furnishing the information contained in
this Form is also thereby furnishing the information to the Commission pursuant
to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes
____ No
X
If
"Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b):
N/A
Contents
|
1.
|
Press
release, dated December 9, 2009, announcing the completion of an
approximately MXN 4.1 billion convertible securities transaction by CEMEX,
S.A.B de C.V. (NYSE:CX).
|
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, CEMEX, S.A.B. de
C.V. has duly caused this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
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CEMEX,
S.A.B. de C.V.
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|||||
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(Registrant)
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|||||
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Date:
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December
10, 2009
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By:
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/s/ Rafael
Garza
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||
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Name:
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Rafael
Garza
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||||
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Title:
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Chief
Comptroller
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EXHIBIT
INDEX
|
EXHIBIT
NO.
|
DESCRIPTION
|
|
|
1.
|
Press
release, dated December 9, 2009, announcing the completion of an
approximately MXN 4.1 billion convertible securities transaction by CEMEX,
S.A.B de C.V.
(NYSE:CX).
|
EXHIBIT
NO. 1: Press release, dated December 9, 2009, announcing the completion
of an approximately MXN 4.1 billion convertible securities transaction by CEMEX,
S.A.B de C.V. (NYSE:CX).
|
Media
Relations
Jorge
Pérez
(52-81)
8888-4334
mr@cemex.com
|
Investor
Relations
Eduardo
Rendón
(52-81)
8888-4256
ir@cemex.com
|
Analyst
Relations
Luis
Garza
(52-81)
8888-4136
ir@cemex.com
|
CEMEX
ANNOUNCES COMPLETION OF APPROXIMATELY
MXN
4.1 BILLION IN CONVERTIBLE SECURITIES TRANSACTION
MONTERREY, MEXICO, December 9, 2009 – CEMEX, S.A.B. de C.V. (NYSE: CX), announced today the
closing of its offer to exchange Certificados Bursátiles issued by CEMEX in Mexico into mandatorily convertible
securities (the “Securities”). The Securities issued will be mandatorily
convertible into CEMEX’s Certificados de Participación
Ordinaria (“CPOs”). As a result of this
offer, approximately MXN 4.1 billion (approximately US$320 million) in
Securities will be issued on December 10, 2009 and upon conversion will
represent approximately 172.5 million CPOs. CEMEX will cancel
approximately MXN 4.1 billion (approximately US$320 million) in Certificados Bursátiles,
approximately MXN 325 million of which had been scheduled to mature in 2010, MXN
1.7 billion in 2011, and MXN 2.1 billion in 2012.
Key
terms of the Securities include:
|
·
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A
conversion price of MXN 23.92 per CPO, calculated as the volume-weighted
average price of the CPO for the 10 trading days prior to the closing of
the offer multiplied by a conversion premium of approximately
1.65.
|
|
·
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An
annual coupon of 10% payable
quarterly.
|
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·
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Final
maturity on November 28, 2019.
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·
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Mandatory
conversion events include, among others, the price of the CPO reaching MXN
35.88, or upon maturity.
|
|
·
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Holders
will have the option to voluntarily convert, after one year of issuance,
on interest payment dates.
|
|
·
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The
Securities will have trading restrictions until March 30,
2010.
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This
transaction did not result in any cash proceeds to CEMEX or any of its
subsidiaries.
CEMEX
placed the securities with Mexican Pension Funds (Sociedades de Inversión
Especializadas en Fondos para el Retiro, or SIEFORES) and other investors
outside the United States that are not U.S. persons in transactions exempt from
registration under the U.S. Securities Act of 1933, as amended (the “Securities
Act”), in exchange for outstanding debt securities (Certificados Bursátiles)
previously issued in the Mexican capital markets, which will be. The Securities and the CPOs issuable
upon conversion have not been and will not be registered under the Securities
Act or any state securities laws, and they may not be offered or sold in the
United States absent registration or an applicable exemption from the
registration requirements of the Securities Act.
###
This
press release contains forward-looking statements and information that are
necessarily subject to risks, uncertainties, and assumptions. Many factors could
cause the actual results, performance, or achievements of CEMEX to be materially
different from those expressed or implied in this release, including, among
others, changes in general economic, political, governmental and business
conditions globally and in the countries in which CEMEX does business, changes
in interest rates, changes in inflation rates, changes in exchange rates, the
level of construction generally, changes in cement demand and prices, changes in
raw material and energy prices, changes in business strategy, and various other
factors. Should one or more of these risks or uncertainties materialize, or
should underlying assumptions prove incorrect, actual results may vary
materially from those described herein. CEMEX assumes no obligation to update or
correct the information contained in this press release.