Item 1.01. Entry into a Material Definitive Agreement.
On
The first line of credit, in the amount of
The Loan Agreement provides that the availability of such lines of credit is
subject to BNDES's rules and regulations and, in the case of the first line of
credit, FNMC's budget and, in the case of the second line of credit, BNDES's
financing program (which is subject to funding by the Conselho Monetário
Nacional, Brazil's
The Loan Agreement can be early terminated, and payment of any outstanding
amount can be accelerated, by BNDES in certain events provided for in the Loan
Agreement, including in the event of default by
The foregoing summary of the Loan Agreement does not purport to be complete and is qualified in its entirety by reference to an English translation of the Loan Agreement, which translation is attached hereto as Exhibit 10.1 and is incorporated by reference herein.
Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The information set forth under Item 1.01 above is incorporated by reference into this Item 2.03.
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Forward-Looking Statements
This Current Report on Form 8-K includes "forward-looking statements" within the meaning of the "safe harbor" provisions of the United States Private Securities Litigation Reform Act of 1995. Forward-looking statements may be identified by the use of words such as "estimate," "plan," "project," "forecast," "intend," "will," "expect," "anticipate," "believe," "seek," "target," "may," "intend," "predict," "should," "would," "predict," "potential," "seem," "future," "outlook" or other similar expressions (or negative versions of such words or expressions) that predict or indicate future events or trends or that are not statements of historical matters. These forward-looking statements include, but are not limited to, statements regarding the Company's expectations with respect to its ability to borrow any amounts under the Loan Agreement. These statements are based on various assumptions, whether or not identified herein, and on the current expectations of the Company's management and are not predictions of actual performance. These forward-looking statements are provided for illustrative purposes only and are not intended to serve as, and must not be relied on by any investor as, a guarantee, an assurance, a prediction or a definitive statement of fact or probability. Actual events and circumstances are difficult or impossible to predict and may differ from assumptions, and such differences may be material. Many actual events and circumstances are beyond the control of the Company.
These forward-looking statements are subject to a number of risks and
uncertainties, including, among others: (i) any delay or inability of BNDES to
lend any amount under the Loan Agreement; (ii) changes in domestic and foreign
business, market, financial, political and legal conditions; (iii) risks
relating to the uncertainty of the projected financial information with respect
to the Company; (iv) the outcome of any legal proceedings that may be instituted
against the Company; (v) future global, regional or local economic and market
conditions, including the growth and development of the urban air mobility
market; (vi) the development, effects and enforcement of laws and regulations;
(vii) the Company's ability to grow and manage future growth, maintain
relationships, including the potential promulgation of certain new laws as
described in the Loan Agreement with customers and suppliers and retain its key
employees; (viii) the Company's ability to develop new products and solutions,
bring them to market in a timely manner, and make enhancements to its platform;
(ix) the Company's ability to successfully develop, obtain certification for and
commercialize its eVTOL, (x) the effects of competition on the Company's future
business; (xi) the outcome of any potential litigation, government and
regulatory proceedings, investigations and inquiries; (xi) the impact of the
global COVID-19 pandemic and (xii) those factors discussed in the Company's
prospectus, dated
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits Exhibit No. Description
10.1* Loan Agreement, dated as ofJanuary 23, 2023 , by and between EVE Soluções de Mobilidade Aérea Urbana, Ltda. and Banco Nacional de Desenvolvimento Econômico e Social - BNDES 104 Cover Page Interactive Data File - the cover page XBRL tags are embedded within the Inline XBRL document
* Portions of this exhibit have been omitted pursuant to Item 601(b)(10)(iv) of Regulation S-K.
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