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United States Senate Resolution Nº 2, Of 26 February 2010

Original Language Title: Resolução do Senado Federal nº 2, de 26 de fevereiro de 2010

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I do know that the Federal Senate has approved, and I, José Sarney, President, in the terms of art. 48, inciso XXVIII, of the Rules of Procedure, promulgated the following

R E S O L U UNK UNK UNK No. 2, DE 2010

Authorizes Fortaleza Municipality-CE a hire external credit operation, with Union warranty, with the Inter-American Development Bank (BID), worth up to US$ 59,400,000.00 (fifty-nine million and four hundred thousand U.S. dollars).

The Federal Senate resolves:

Art. 1º It is the Municipality of Fortaleza-CE authorised to hire external credit operation, with Union guarantee, with the Inter-American Development Bank (BID), worth up to US$ 59,400,000.00 (fifty-nine million and four hundred thousand dollars Americans).

Single Paragraph. Are the proceeds from the credit operation referred to in the caput intended for financing the?Urban Qualification program with Social Inclusion-Preurbis?.

Art. 2º The credit operation referred to in art. 1º should be contracted under the following conditions:

I-devedor: Municipality of Fortaleza-CE ;

II-credor: Inter-American Development Bank (BID) ;

III-guarantor: Federative Republic of Brazil ;

IV-modality: Unimonetary Mechanism Loan with Libor-based interest rate ;

V-worth: up to US$ 59,400,000.00 (fifty-nine million and four hundred thousand dollars Americans) ;

VI-deadline of disbursement: 5 (five) years, counted from the expiration date of the Contract ;

VII-amortization of the debtor balance: semiannual and consecutive plots, of values as much as possible equal, to be paid on day 15 of the months of February and August of each year, by winning the first on February 15 or August, as the case may be, after transcurring 5 (five) years of the contract signing date, and the latter in 15 of February or August, as per the case, before transcurated 25 (twenty-five) years of the contract signing ;

VIII-interest applicable: required semester on the same dates of payment of depreciation and calculated on the periodic debtor balance of the loan, at an annual rate for each quarter comprised of the quarterly Libor interest rate for U.S. dollars, plus or minus a cost margin related to the loans that finance the Libor modality loans ; from the net value of any cost / profit generated by operations to mitigate the fluctuations of the Libor, and from the margin for loans of the ordinary capital ;

IX-interest rate fixation option: respected the terms and conditions of the loan contract and that each conversion can only be carried out at a minimum value equivalent to 25% (twenty-five per cent) of the loan amount or US$ 3,000,000.00 (three million U.S. dollars), whatever is greater, the borrower may apply for to the creditor:

a) conversion to a fixed interest rate, part or totality of the debtor balances subject to rate of interest based on Libor ;

b) a new conversion of part or all of the debtor balances of the loan calculated at a rate of fixed interest for the interest rate based on Libor ;

X-credit commission: to be established periodically by the BID and calculated over the balance no disbursed from the loan, required together with interest, entering into force 60 (sixty) days after the contract is signed, without, under any circumstances, it may exceed the percentage of 0.75% a.a. (seventy and five hundredths per cent a year) ;

XI-expenses with inspection and general supervision: by periodic review of your policies, the BID shall notify the borrower of a value due in a given semester, which shall not be more than 1% (one per cent) of the value of the financing, divided by the number of semesters understood within the original period of disbursements.

Single Paragraph. The dates of payment of the principal and financial charges as well as of disbursements may be changed depending on the date of signing of the loan agreement.

Art. 3º It is the Union authorized to grant assurance to Fortaleza-EC Municipality in the external credit operation referred to in this Resolution.

Single Paragraph. The exercise of the authorization provided in the caput is conditional on the Fortaleza-CE Municipality:

I-contract with the Union for the concession of contragaranties, in the form of binding of the own recipes of which it treats art. 156, of the revenue allocation quotas of which they treat the arts. 158 and 159, all of the Federal Constitution, and others in accepted law, and the Federal Government may retain the necessary resources for coverage of the commitments honoured directly from federal transfers or centralizing accounts of the Municipality's collection ; and

II-proof, prior to the conclusion of the contract of contragarantia referred to in the inciso I of this paragraph, the inclusion of?Urban Qualification program with Social Inclusion-Preurbis? in the Pluriannual Plan Act for the quadrian 2010/2013 and in the Budget Law of 2010 ; the regularization of liabilities relating to debits on behalf of the Direct Administration of Fortaleza Municipality with the Union or its controlled entities, in accordance with the willing on the art. 10, § 5º, of Resolution 48, 2007, of the Federal Senate, and the regularity of the situation of the Municipality with the Service Time Guarantee Fund (FGTS), upon renewal of the respective Certificate.

Art. 4º The maximum period for the exercise of this authorization shall be 540 (five hundred and forty) days, counted from its publication.

Art. 5º This Resolution shall enter into force on the date of its publication.

Federal Senate, on February 26, 2010.

Senator Jose Sarney

President of the Federal Senate