Report of Foreign Issuer (6-k)

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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

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FORM 6-K

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Report of Foreign Private Issuer

Pursuant to Rule 13a-16 or 15d-16

under the Securities Exchange Act of 1934

For the month of August 2016

Commission File Number: 001-15102

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Embraer S.A.

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Av. Brigadeiro Faria Lima, 2170

 

12227-901 São José dos Campos, São Paulo, Brazil

 

(Address of principal executive offices)

 

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Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F:

Form 20-F x Form 40-F ¨

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ¨

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ¨

 

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EMBRAER S.A.

 

MATERIAL FACT

 

 

São José dos Campos, August 10, 2016 – EMBRAER S.A. (“Embraer” or “Company”), hereby informs its shareholders and the market that it has become aware that a class action was filed against the company and its management in the federal courts of New York. The plaintiff is claiming alleged losses resulting from alleged misleading disclosure.

Embraer has not yet been served and does not have sufficient information to assess the relevance of the claims alleged. Embraer will defend itself in due course.

The company will keep the market informed of any new material developments on this matter and will disclose further information once it has assessed the potential effects of this claim.

 

 

José Antonio de Almeida Filippo

Executive Vice-President and Chief Financial Investor Relations Officer

 

 

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

Date:  August 10, 2016

Embraer S.A.
By:		/s/ José Antonio de Almeida Filippo
		Name:		José Antonio de Almeida Filippo
		Title:		Executive Vice-President and Chief Financial and Investor Relations Officer