UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549
FORM 25
NOTIFICATION OF REMOVAL FROM LISTING
AND/OR REGISTRATION UNDER SECTION 12(b)
OF THE SECURITIES EXCHANGE ACT OF 1934.
Commission File Number:000-56137
Yaborã Indústria Aeronáutica S.A.
(as issuer of the5.150% Notes due 2022 and as guarantor of the5.050% Notes due 2025 and the5.400% Notes due 2027)
Embraer Netherlands Finance B.V.
(as issuer of the5.050% Notes due 2025 and the5.400% Notes due 2027)
Embraer S.A.
(as guarantor of the5.150% Notes due 2022, the5.050% Notes due 2025 and the5.400% Notes due 2027)
New York Stock Exchange
(exchange where the5.150% Notes due 2022, the5.050% Notes due 2025 and the5.400% Notes due 2027 are listed)
(Exact name of Issuer as specified in its charter, and name of Exchange
where security is listed and/or registered)
In respect ofYaborã Indústria Aeronáutica S.A.and Embraer Netherlands Finance B.V.:
Av. Brigadeiro Faria Lima, 2170
São José dos Campos, São Paulo
Brazil
+(55) 11 3040 9518
In respect of Embraer S.A.:
Rodovia Presidente Dutra, S/No. - KM 134
Eugênio de Melo, São José dos Campos, São Paulo
Brazil
+(55) 11 3040 9518
(Address, including zip code, and telephone number, including area code, of Issuer’s principal executive offices)
5.150% Notes due 2022 issued by Yaborã Indústria Aeronáutica S.A. and guaranteed by EmbraerS.A.(CUSIP: 29082AAA5, ISIN: US29082AAA51, and NYSE Bond Symbol: ERJ/22)
5.050% Notes due 2025 issued by Embraer Netherlands Finance B.V. and
guaranteed by Yaborã Indústria Aeronáutica S.A. and EmbraerS.A.
(CUSIP: 29082HAA0, ISIN: US29082HAA05, and NYSE Bond Symbol: ERJ/25)
5.400% Notes due 2027 issued by Embraer Netherlands Finance B.V. and
guaranteed by Yaborã Indústria Aeronáutica S.A. and Embraer S.A.
(CUSIP: 29082HAB8, ISIN: US29082HAB87, and NYSE Bond Symbol: ERJ/27)
(Description of class of securities)
Please place an X in the box to designate the rule provision relied upon to strike the class of securities from listing and registration:
☐ | 17 CFR 240.12d2-2(a)(1) |
☐ | 17 CFR 240.12d2-2(a)(2) |
☐ | 17 CFR 240.12d2-2(a)(3) |
☐ | 17 CFR 240.12d2-2(a)(4) |
☐ | Pursuant to 17 CFR 240.12d2-2(b), the Exchange has complied with its rules to strike the class of securities from listing and/or withdraw registration on the Exchange.1 |
☒ | Pursuant to 17 CFR 240.12d2-2(c), the Issuer has complied with the rules of the Exchange and the requirements of 17 CFR 240.12d2-2(c) governing the voluntary withdrawal of the class of securities from listing and registration on the Exchange. |
Date: March 30, 2020 |
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| YABORÃ INDÚSTRIA AERONÁUTICA S.A. (as issuer of the 5.150% Notes due 2022 and as guarantor of the 5.050% Notes due 2025 and the 5.400% Notes due 2027) | |||
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| By: |
| /s/ Mauro Kern Junior |
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| Name: |
| Mauro Kern Junior |
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| Title: |
| Officer |
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Date: March 30, 2020 |
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| EMBRAER NETHERLANDS FINANCE B.V. (as issuer of the 5.050% Notes due 2025 and the 5.400% Notes due 2027) | |||
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| By: |
| /s/ R. Carneiro Bechara |
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| Name: |
| R. Carneiro Bechara |
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| Title: |
| Officer |
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| By: |
| /s/ Alessandro Cesar Bueno |
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| Name: |
| Alessandro Cesar Bueno |
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| Title: |
| Officer |
Date: March 30, 2020 |
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| EMBRAER S.A. (as guarantor of the 5.150% Notes due 2022, the 5.050% Notes due 2025 and the 5.400% Notes due 2027) | |||
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| By: |
| /s/ Antonio Carlos Garcia |
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| Name: |
| Antonio Carlos Garcia |
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| Title: |
| Chief Financial and Investor Relations Officer |
1 | Form 25 and attached Notice will be considered compliance with the provisions of 17 CFR 240.19d-1 as applicable. See General Instructions. |
