BNDES Sample Clauses

BNDES. 7 – submit to BNDES, during the effectiveness hereof, within ninety (90) days after the closing of the fiscal year, the annual financial statements, with respective opinions prepared by independent auditors, registered with the Brazilian Securities and Exchange Commission – CVM; 8 – neither transfer, nor assign or dispose, under any circumstance or under any mode, the property right over technology or products developed by it with funds of this Agreement, without the previous and express authorization of BNDES; 9 – evidence, within one hundred and eighty (180) days not extendable, as from the release of last credit installment, by means of BENEFICIARY’s Plan of Accounts, and specific documentation required by BNDES, disbursements accumulated in the Project referred to by Clause One, at the amount of eighty-one million, five hundred, thirty-five thousand reais (R$ 81,535,000.00);

BNDES a) Consolidated EBITDA/Consolidated Financial Expenses: equal to or greater than 1.95;

BNDES. To the extent that BNDES, acting solely in its own capacity, or any of its properties, assets or revenues may have or may hereafter become entitled to, or have attributed to BNDES, any right of immunity, on the grounds of sovereignty or otherwise, from any legal action, suit or proceeding, from the giving of any relief in any such legal action, suit or proceeding, from setoff or counterclaim, from the jurisdiction of any Brazilian, New York or U.S. federal court, from service of process, from attachment upon or prior to judgment, from attachment in aid of execution of judgment, or from execution of judgment, or other legal process or proceeding for the giving of any relief or for the enforcement of any judgment, in any such court in which proceedings may at any time be commenced, with respect to the obligations and liabilities of BNDES, acting solely in its own capacity, or any other matter under or arising out of or in connection with this Agreement or the Brazilian Purchase Agreement, BNDES, acting solely in its own capacity, hereby irrevocably and unconditionally waives or will waive such right to the extent permitted by law, and agrees not to plead or claim, any such immunity and consents to such relief and enforcement.

BNDES. BANCO NACIONAL DE DESENVOLVIMENTO ECONÔMICO E SOCIAL – BNDES, a federal public company, headquartered in Brasilia, Federal District, and with services in the Municipality of Rio de Janeiro, State of Rio de Janeiro, at Xx. Xxxxxxxxx xx Xxxxx, 000, corporate taxpayer register CNPJ/MF No. 33.657.248/0001-89, hereby represented by its legally identified undersigned representatives, hereinafter referred to as BNDES.

BNDES accepts the provisions of Clause 9 of this CONTRACT, promising to ensure faithful performance of the provisions therein.

BNDES. Banco Nacional de Desenvolvimento Económico e Social.