0001193125-12-269544 Sample Contracts

EMBRAER S.A., as Company and THE BANK OF NEW YORK MELLON, as Trustee, Paying Agent, Registrar and Transfer Agent FIRST SUPPLEMENTAL INDENTURE US$500,000,000 Dated as of June 15, 2012

First Supplemental Indenture • June 13th, 2012 • Embraer S.A. • Aircraft • New York

• Contract Type
  First Supplemental Indenture
• Filed
  June 13th, 2012
• Company
  Embraer S.A.
• Industry
  Aircraft
• Jurisdiction
  New York

FIRST SUPPLEMENTAL INDENTURE, dated as of June 15, 2012 (this “First Supplemental Indenture”), among EMBRAER S.A., a company organized under the laws of the Federative Republic of Brazil (herein called the “Company”), having its principal office at Brigadeiro Faria Lima, 2170, 12227-901, São José dos Campos, São Paulo State, Brazil, and THE BANK OF NEW YORK MELLON, a banking corporation duly organized and existing under the laws of the State of New York, having its principal corporate trust office at 101 Barclay Street, New York, New York 10286, as Trustee (herein called the “Trustee”) to the INDENTURE, dated as of June 15, 2012, among the Company and the Trustee (the “Base Indenture”).

Contract

Global Security Note • June 13th, 2012 • Embraer S.A. • Aircraft

• Contract Type
  Global Security Note
• Filed
  June 13th, 2012
• Company
  Embraer S.A.
• Industry
  Aircraft

THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO, AND IS REGISTERED IN THE NAME OF THE DEPOSITARY OR A NOMINEE OF THE DEPOSITARY, WHICH MAY BE TREATED BY EMBRAER S.A. AND THE TRUSTEE AND ANY AGENT THEREOF AS OWNER AND HOLDER OF THIS NOTE FOR ALL PURPOSES.