UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
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Transaction
Valuation(1)
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Amount
of Filing Fee(2)
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$3,262,941,077
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$100,172
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x
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Check
box if any part of the fee is offset as provided by Rule 0-11(a)(2)
and
identify the filing with which the offsetting fee was previously
paid.
Identify the previous filing by registration statement number, or
the Form
or Schedule and the date of its filing.
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Amount
Previously Paid: $286,357
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Form
or Registration No.: Schedule TO
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Filing
Party: CEMEX Australia Pty Ltd, ACN 122 401 405,
CEMEX,
S.A.B. de C.V.
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Date
Filed: November 14, 2006
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o
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Check
the box if the filing relates solely to preliminary communications
made
before the commencement of a tender
offer.
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Check
the appropriate boxes below to designate any transactions to which
the
statement relates:
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x
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third-party
tender offer subject to Rule 14d-1.
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o
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issuer
tender offer subject to Rule 13e-4.
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o
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going-private
transaction subject to Rule 13e-3
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o
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amendment
to Schedule 13D under Rule 13d-2
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●
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Rinker
Securities tendered on or before June 7, 2007 (the
day the Offer became
unconditional) will be paid for by July 6, 2007.
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●
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Rinker
Securities tendered during the period beginning on
June 8, 2007 and ending
on July 5, 2007 will be paid for by the day that
is one month from the
date of acceptance.
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●
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Rinker
Securities tendered during the period beginning on
July 6, 2007 and ending
at the expiration of the Offer Period will be paid
for on or before the
earlier of (a) the day that is one month after the
date of acceptance and
(b) the day that is 21 days after the end of the
Offer Period. If the
Offer expires at the currently scheduled closing
time of 7pm (Sydney
Time)/5am (New York Time) on July 16, 2007, then
all Rinker Securities
tendered during this period will be paid for by August
6,
2007.
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Exhibit
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Description
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(a)(1)(W)
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Ninth
Supplementary Bidder's Statement, dated June 21,
2007.
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CEMEX
Australia Pty Ltd
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By:
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/s/ Ramiro G. Villarreal Morales | |
Name: Ramiro G. Villarreal Morales | |||
Title: Director | |||
CEMEX,
S.A.B. de C.V.
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By:
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/s/ Ramiro G. Villarreal Morales | |
Name: Ramiro G. Villarreal Morales | |||
Title: General Counsel | |||
Exhibit
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Description
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(a)(1)(W)
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Ninth
Supplementary Bidder's Statement, dated June 21,
2007.
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