NOTARIAL TESTIMONY OF THE PUBLIC DEED CONTAINING A LOAN AGREEMENT
ENTERED INTO BY AND BETWEEN “BANCO NACIONAL DE COMERCIO EXTERIOR”,
SOCIEDAD NACIONAL DE CREDITO, INSTITUCION DE BANCA DE DESARROLLO AND
“GRUMA”, SOCIEDAD ANONIMA BUSRATIL DE CAPITAL VARIABLE.
BOOK ONE THOUSAND FOUR HUNDRED AND NINETY SIX. AMA/CHM/AMA
EIGHTY NINE THOUSAND NINE HUNDRED THIRTY FIVE .
MEXICO CITY, November twelve, two thousand eight.
AMANDO MASTACHI AGUARIO , notary public number one hundred twenty one for Mexico City and
Notary of the Federal Real Estate Property National Wealth, hereby formalizes: THE LOAN AGREEMENT
entered into by and between “ BANCO NACIONAL DE COMERCIO EXTERIOR ”, SOCIEDAD
NACIONAL DE CRÉDITO, INSTITUCIÓN DE BANCA DE DESARROLLO , hereinafter the “
LENDER ” represented herein by attorneys in fact Jorge Arturo Tovar Castro and Horacio Vaquera García,
and “ GRUMA ”, SOCIEDAD ANÓNIMA BURSÁTIL DE CAPITAL VARIABLE , hereinafter the “
BORROWER ” represented herein by attorney in fact Raúl Alonso Peláez Cano and Salvador Vargas
Guajardo, pursuant to the following recitals and clauses:
A. ABOUT THE BENEFICIARY UNDER OATH:
I. That it requested from the “LENDER” the entering into and execution of this Credit Agreement for an amount
up to $3,367´000,000.00 (Three Thousand Three Hundred Sixty Seven Million Mexican Pesos, National
II. That its commercial negotiation is free from any liens.
III. That in order to request this credit it has stated that it has not committed any bribery act towards a
government officer from the country where it carries out its activity and that such statement prevails in force
under such terms on the date of execution hereof.
IV. That it is aware that the “LENDER” entered into and executed on November eleven, two thousand eight a
guaranty agreement with the Bank of Mexico ( Banco de México) acting as Trustee of the Federal Government
for the trust named Special Fund f