Enforceability of New York Judgment. Any final judgment rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Issuer (to the extent jurisdiction of Brazilian courts can be asserted) or the Company based upon this Agreement, including, without limitation, any final judgment for payment of a sum certain of money rendered by any such court, would be declared enforceable against the Issuer or the Company by Brazilian courts without reexamination of the merits of the case, provided that such judgment has been previously recognized (homologado) by the Brazilian Superior Court of Justice (Superior Tribunal de Justiça). In order to be recognized (homologado) by the Brazilian Superior Court of Justice, a foreign judgment must meet the following conditions: (A) it must comply with all formalities required for its enforceability under the laws of the State of New York; (B) must have been issued by a competent court after service of process on the Issuer or the Company, which service must comply with Brazilian law if made in Brazil, or after sufficient evidence of the Issuer’s or Company’s absence has been given, as required under applicable law; (C) it must be final and therefore not be subject to appeal; (D) it must not be contrary to Brazilian national sovereignty, public policy or public morality or violate human dignity; (E) it must not violate a final and unappealable decision issued by a Brazilian court; (F) it must not violate the exclusive jurisdiction of Brazilian courts, if applicable; and (G) it must (1) be duly authenticated by a competent Brazilian consulate or (2) if the place of signing is a contracting state to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents dated October 5, 1961, be apostilled, and, in either case, be accompanied by a sworn translation thereof into Portuguese, unless an exemption is provided by an international treaty to which Brazil is a signatory.
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Enforceability of New York Judgment. Any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Issuer (to the extent jurisdiction of Brazilian courts can be asserted) or the Company based upon this Agreement, including, without limitation, any final judgment for payment of a sum certain of money rendered by any such court, Agreement would be declared enforceable against the Issuer or the Company by Brazilian courts without reexamination of the merits of the case, provided that case once such judgment has been previously recognized (homologado) confirmed by the Brazilian Superior Court of Justice (Superior Tribunal de Justiça). In order to ; provided that such confirmation will be recognized (homologado) by the Brazilian Superior Court of Justice, a foreign granted only if such judgment must meet the following conditions: (A) it must comply with is for payment of a sum of money certain; (B) fulfills all formalities required for its enforceability under the laws of the State of New York; (BC) must have been is issued by a competent court after service of process on the Issuer or the Company, which service must comply with Brazilian law if made in Brazil, or after sufficient evidence of the Issuer’s or Company’s absence has been given, as required under applicable law; (CD) it must be is final and therefore not be subject to appeal; (DE) it must except if otherwise provided for in a treaty, is authenticated by a Brazilian consulate in the State of New York and is accompanied by a sworn translation thereof into Portuguese; (F) is not be contrary to Brazilian national sovereignty, public policy or public morality or violate human dignity; (E) it must not violate a final and unappealable decision issued by a Brazilian court; (F) it must not violate the exclusive jurisdiction of Brazilian courts, if applicablemorality; and (G) it must (1) be duly authenticated by a competent Brazilian consulate or (2) if the place applicable procedure under the laws of signing is a contracting state Brazil with respect to the Convention Abolishing enforcement of foreign judgments is complied with. (xliii) Absence of Residence. None of the Requirement holders of Legalization for Foreign Public Documents dated October 5the Securities or the Underwriters will be deemed resident, 1961domiciled, be apostilledcarrying on business or subject to taxation in Brazil on an overall income basis solely by the execution, anddelivery, in either caseperformance or enforcement of this Agreement, be accompanied or the issuance or sale of the Securities or by virtue of the ownership or transfer of a sworn translation thereof into Portuguese, unless an exemption is provided by an international treaty to which Brazil is a signatorySecurity or the receipt of payment thereon.
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Enforceability of New York Judgment. Any final judgment for a fixed or readily calculable sum of money rendered by a New York Court having jurisdiction under its own domestic laws in respect of any suit, action or proceeding against the Issuer (to the extent jurisdiction of Brazilian courts can be asserted) or the Company based upon this Agreement, including, without limitation, any final judgment for payment of a sum certain of money rendered by any such court, Agreement would be declared enforceable against the Issuer or the Company by Brazilian courts without reexamination of the merits of the case, provided that case once such judgment has been previously recognized (homologado) confirmed by the Brazilian Superior Court of Justice (Superior Tribunal de Justiça). In order to ; provided that such confirmation will be recognized (homologado) by the Brazilian Superior Court of Justice, a foreign granted only if such judgment must meet the following conditions: (A) it must comply with is for payment of a sum of money certain; (B) fulfills all formalities required for its enforceability under the laws of the State of New York; (BC) must have been is issued by a competent court after service of process on the Issuer or the Company, which service must comply with Brazilian law if made in Brazil, or after sufficient evidence of the Issuer’s or Company’s absence has been given, as required under applicable law; (CD) it must be is final and therefore not be subject to appeal; (DE) it must is authenticated by a Brazilian consulate in the State of New York and is accompanied by a sworn translation thereof into Portuguese; (F) is not be contrary to Brazilian national sovereignty, public policy or public morality or violate human dignity; (E) it must not violate a final and unappealable decision issued by a Brazilian court; (F) it must not violate the exclusive jurisdiction of Brazilian courts, if applicablemorality; and (G) it must (1) be duly authenticated by a competent Brazilian consulate or (2) if the place applicable procedure under the laws of signing is a contracting state Brazil with respect to the Convention Abolishing enforcement of foreign judgments is complied with. (xliii) Absence of Residence. None of the Requirement holders of Legalization for Foreign Public Documents dated October 5the Securities or the Underwriters will be deemed resident, 1961domiciled, be apostilledcarrying on business or subject to taxation in Brazil on an overall income basis solely by the execution, anddelivery, in either caseperformance or enforcement of this Agreement, be accompanied or the issuance or sale of the Securities or by virtue of the ownership or transfer of a sworn translation thereof into Portuguese, unless an exemption is provided by an international treaty to which Brazil is a signatorySecurity or the receipt of payment thereon.
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