EX-99.2(D)(2) 3 c98194a1exv99w2xdyx2y.htm EXHIBIT 99.2(D)(2) exv99w2xdyx2y
 

Exhibit 2(d)(2)
NOTICE OF GUARANTEED DELIVERY FOR SHARES OF PREFERRED STOCK OF THE MEXICO EQUITY AND INCOME FUND, INC. SUBSCRIBED FOR PURSUANT TO THE BASIC SUBSCRIPTION RIGHT AND THE OVER-SUBSCRIPTION PRIVILEGE
The Mexico Equity and Income Fund, Inc. Rights Offering
As set forth in the Fund’s Prospectus dated                     , 2005 (the “Prospectus”) under “Preferred Stock Rights Offering — Election to Purchase Preferred Stock,” this form or one substantially equivalent hereto may be used as a means of effecting subscription and payment for all shares of The Mexico Equity and Income Fund, Inc. Preferred Stock subscribed for by exercise of Rights pursuant to the Basic Subscription and the Over-Subscription Privilege. Such form may be delivered by hand or sent by facsimile transmission, overnight courier or mail to the Subscribing Agent and must be received prior to 5:00 p.m. New York City time on December ___, 2005 (the “Expiration Date”).* The terms and conditions of the Offer set forth in the Prospectus are incorporated by reference herein. Capitalized terms used and not otherwise defined herein have the meanings attributed to them in the Prospectus.
The Subscribing Agent is:
COMPUTERSHARE TRUST COMPANY OF NEW YORK
     
BY FACSIMILE
  BY MAIL:
(TELECOPIES):
  Computershare Trust Company of New York
(212) 701-7664
  88 Pine Street, 19th Floor
Confirm by telephone to:
  New York, New York 10005
(212) 701-7600
    
 
    
BY EXPRESS MAIL OR OVERNIGHT
  BY HAND:
COURIER:
  Computershare Trust Company of New York
Computershare Trust Company of New York
  88 Pine Street, 19th Floor
88 Pine Street, 19th Floor
  New York, New York 10005
New York, New York 10005
    
DELIVERY OF THIS INSTRUMENT TO AN ADDRESS OR TRANSMISSION OF INSTRUCTIONS VIA A TELECOPY OR FACSIMILE NUMBER OTHER THAN AS SET FORTH ABOVE DOES NOT CONSTITUTE A VALID DELIVERY.
The New York Stock Exchange member firm or bank or trust company which completes this form must communicate the guarantee and the number of Shares subscribed for under both the Basic Subscription Right and the Over-Subscription Privilege to the Subscribing Agent and must deliver this Notice of Guaranteed Delivery prior to 5:00 p.m., New York City time, on the Expiration Date,* guaranteeing delivery of (i) payment in full for all subscribed shares and (ii) a properly completed and executed Subscription Certificate to the Subscribing Agent. The
 
*   Unless extended by the Fund

 

 

Subscription Certificate and full payment must then be delivered by the close of business on the third business day (                    , 2005) after the Expiration Date (December ___, 2005)* to the Subscription Agent. Failure to do so will result in a forfeiture of the Rights.
GUARANTEE
The undersigned, a member firm of the New York Stock Exchange or a bank or trust company, guarantees delivery of payment to the Subscription Agent by the close of business (5:00 p.m., New York City time) on the third business day (                    , 2005) after the Expiration Date (December ___, 2005), unless extended by the Fund) of (i) a properly completed and executed Subscription Certificate and (ii) payment of the full Subscription Price for shares subscribed for in the Basic Subscription Right and pursuant to the Over-Subscription Privilege, if applicable, as subscription for such shares is indicated herein or in the Subscription Certificate.
The Mexico Equity and Income Fund, Inc.
             
        Broker Assigned Control #: ________
 
            
1. Basic Subscription
  Number of Rights to   Number of shares   Payment to be made
Right
  be exercised ______   requested for which   in connection with
 
  Rights   you are guaranteeing   Basic Subscription
 
      delivery of Rights and   shares: $______
 
      payment ______shares:    
 
      (Rights ÷ by .75)    
 
            
2. Over-Subscription
      Number of Over-   Payment to be made
 
      Subscription shares   in connection with
 
      requested for which   Over-Subscription
 
      you are guaranteeing   shares: $______
 
      payment: ______shares    
 
            
3. Totals
  Total number of       $______
 
  Rights to be delivered       Total Payment
 
  ______Rights        
Method of Delivery of Rights (circle one)
A.   Through The Depository Trust Company (“DTC”)**
 
B.   Direct to the Subscription Agent. Please reference below the registration of the Rights to be delivered
 
 
 
 
 
 
 
**   IF THE RIGHTS ARE TO BE DELIVERED THROUGH DTC, CALL THE SUBSCRIBING AGENT TO OBTAIN A PROTECTED IDENTIFICATION NUMBER, WHICH NEEDS TO BE COMMUNICATED BY YOU TO DTC.

 

 

PLEASE ASSIGN A UNIQUE CONTROL NUMBER FOR EACH GUARANTEE SUBMITTED. This number needs to be referenced on any direct delivery of Rights or any delivery through DTC. In addition, please note that if you are guaranteeing for Over-Subscription Shares and are a DTC participant, you must also execute and forward to Computershare Trust Company of New York a DTC Participant Over-Subscription Exercise Form.
     
 
   
Name
  Authorized Signature
 
    
 
   
DTC Participant Number
  Title
 
    
 
   
Address
  Name (please type or print)
 
    
 
   
Zip Code
  Phone Number
 
    
 
   
Contact Name
  Date
BENEFICIAL OWNER LISTING CERTIFICATION
The Mexico Equity and Income Fund, Inc. Rights Offering
The undersigned, a bank, broker or other nominee holder of Rights (“Rights”) to purchase shares of Preferred Stock, $.001 par value, of The Mexico Equity and Income Fund, Inc. (the “Fund”) pursuant to the Rights Offering (the “Offer”) described and provided for in the Fund’s Prospectus dated                     , 2005 (the “Prospectus”), hereby certifies to the Fund and to Computershare Trust Company of New York, as Subscribing Agent for such Offer, that for each numbered line filled in below, the undersigned has exercised, on behalf of the beneficial owner thereof (which may be the undersigned), the number of Rights specified on such line pursuant to the Basic Subscription Right (as defined in the Prospectus) and such beneficial owner wishes to subscribe for the purchase of additional shares pursuant to the Over-Subscription Privilege (as defined in the Prospectus), in the amount set forth in the third column of such line.

 

 

             
        NUMBER OF RIGHTS   NUMBER OF SHARES
Number of Record Date   exercised pursuant to the   requested pursuant to the
Shares owned   Basic Subscription Right   Over-Subscription Privilege
1
            
 
           
2
            
 
            
3
            
 
            
4
            
 
            
5
            
 
            
6
            
 
            
7
            
 
            
8
            
 
            
9
            
 
            
10
            
 
            
                                          vested
Name of Nominee Holder
         
By:
        
 
       
 
        
Name:
        
 
       
 
        
Title:
        
 
       
 
        
Dated:
      , 2005
 
       
Provide the following information, if applicable:
     
 
   
Depository Trust Corporation (“DTC”)
  Name of Broker
Participant Number
    
 
    
 
   
DTC Primary Subscription Confirmation
  Address
Number(s)