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 7, 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
CEMEX, S.A.B. de C.V. ("CEMEX") intends
to issue, through its finance subsidiary, CEMEX Finance LLC, Euro-denominated
Senior Secured Notes (the "Notes") in an amount and maturity to be determined,
in offerings exempt from registration under the U.S. Securities Act of
1933. Proceeds from the sale of the Notes will be used to repay a
portion of the indebtedness outstanding under CEMEX's August 14, 2009 Financing
Agreement with its principal institutional lenders and for general corporate
purposes. The Notes would share in the collateral pledged to the
lenders under the Financing Agreement (along with other obligations of CEMEX
that share in such collateral) and would be guaranteed by CEMEX and the
subsidiaries which have provided guarantees under the Financing
Agreement.
The Notes and the guarantees thereof
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 report on Form 6-K contains
forward-looking statements and information that are necessarily subject to
risks, uncertainties, and assumptions. No assurance can be given that
the offering described herein will be consummated or as to the terms of any such
offering. CEMEX assumes no obligation to update or correct the
information contained in this report on Form 6-K.
This report on Form 6-K shall be deemed
to be incorporated by reference into the Confidential Preliminary Offering
Memorandum (subject to completion), dated December 1, 2009.
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.
| CEMEX, S.A.B. de C.V. |
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(Registrant)
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Date:
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December
7, 2009
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By:
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/s/
Rafael Garza
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Name:
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Rafael
Garza
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Title:
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Chief
Comptroller
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