Report of Foreign Issuer Pursuant to Rule 13a-16 or 15d-16 (6-k)
06 September 2022 - 12:44PM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 of the
Securities Exchange Act of 1934
For the month of September, 2022
Commission File Number 1-34129
CENTRAIS ELÉTRICAS BRASILEIRAS S.A.
- ELETROBRÁS
(Exact name of registrant as specified in its
charter)
BRAZILIAN ELECTRIC POWER COMPANY
(Translation of Registrant's name into English)
Rua da Quitanda, 196 – 24th floor,
Centro, CEP 20091-005,
Rio de Janeiro, RJ, Brazil
(Address of principal executive office)
Indicate by check mark whether the registrant
files or will file annual reports under cover Form 20-F or Form 40-F.
Form 20-F ___X___ Form 40-F _______
Indicate by check mark whether the registrant
by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule
12g3-2(b) under the Securities Exchange Act of 1934.
Yes _______ No___X____
RELEVANT FACT
CENTRAIS
ELÉTRICAS BRASILEIRAS S/A CNPJ: 00.001.180/0001-26 | NIRE: 533.0000085-9 PUBLIC COMPANY
Centrais Elétricas Brasileiras S/A
(“Company” or “Eletrobras”) (B3: ELET3, ELET5 & ELET6; NYSE: EBR & EBR.B; LATIBEX: XELT.O & XELT.B)
hereby informs its shareholders and the market in general that it has received a writ of execution today, in the enforcement action filed
by EAGLE EQUITY FUNDS LLC. in the process before the Judgment of the 1st Court of Execution of Extrajudicial Securities and Arbitration
Disputes of Brasilia, filed under no. 0710874-62.2022.8.07.0001, in which amounts are charged for alleged extrajudicial enforcement instruments,
consistent with bearer obligations issued in the decades from 1960 to 1980, for payment of the compulsory electricity loans ("CEL"),
in the amount of R$ 6,799,839,758.40 (six billion, seven hundred and ninety-nine million, eight hundred and thirty-nine thousand, seven
hundred and fifty-eight reais and forty centavos).
The Company believes that the enforcement action
is unfounded and that the amounts are not due to the plaintiff, based on solid grounds, believing that the result of this action will
not differ from the understanding established by the STJ in a repetitive appeal with binding effect, which pacified the subject of the
CEL bearer obligations, defining, mainly, the period of payment of the bearer obligations issued by Eletrobras.
The Company notes that the action is not the
first demand filed by the same investment fund in respect of compulsory electricity loans. A previous case brought by the same plaintiff,
filed under number 0024458-58.2013.4.02.5101, resulted in an unfavorable judgment, issued by the MM. Judgement of the 7th court
of the judicial division of Rio de Janeiro, in addition to a class action filed in the jurisdiction of New York, referring to the same
topic, was arquived after all the claims of the plaintiff against the Company were rejected.
The Company will take all appropriate measures
for its defense in the enforcement action.
Rio de Janeiro, September 05, 2022.
Elvira Cavalcanti Presta
CFO and Investor Relations Officer
![](https://content.edgar-online.com/edgar_conv_img/2022/09/06/0001292814-22-003724_ebr202209056k1_002.jpg)
This document may contain estimates
and forecasts that are not statements of fact that occurred in the past but reflect our management beliefs and expectations and may constitute
future events' forecasts and estimates under Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities
and Exchange Act of 1934, as amended. The words "believe", "may", "estimate", "continue", "anticipate",
"intend", "expect" and related words are intended to identify estimates that necessarily involve risks and uncertainties,
known or unknown . Known risks and uncertainties include, but are not limited to: general economic, regulatory, political and commercial
conditions in Brazil and abroad, changes in interest rates, inflation and value of the Real, changes in volumes and the pattern of use
of electricity by consumer, competitive conditions, our level of indebtedness, the possibility of receiving payments related to our receivables,
changes in rainfall and water levels in the reservoirs used to operate our hydroelectric plants, our financing and capital investment
plans, existing and future government regulations , and other risks described in our annual report and other documents filed with CVM
and SEC. Estimates and forecasts refer only to the date they were expressed and we assume no obligation to update any of these estimates
or forecasts due to the occurrence of new information or future events. Future results of the Company's operations and initiatives may
differ from current expectations and the investor should not rely solely on the information contained herein. This material contains
calculations that may not reflect accurate results due to rounding.
SIGNATURE
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: September 5, 2022
CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRÁS |
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By: |
/S/ Elvira
Baracuhy Cavalcanti Presta
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Elvira Baracuhy Cavalcanti Presta
CFO and Investor Relations Officer |
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FORWARD-LOOKING STATEMENTS
This press release may contain forward-looking statements.
These statements are statements that are not historical facts, and are based on management's current view and estimates offuture
economic circumstances, industry conditions, company performance and financial results. The words "anticipates", "believes",
"estimates", "expects", "plans" and similar expressions, as they relate to the company, are intended
to identify forward-looking statements. Statements regarding the declaration or payment of dividends, the implementation of principal
operating and financing strategies and capital expenditure plans, the direction of future operations and the factors or trends
affecting financial condition, liquidity or results of operations are examples of forward-looking statements. Such statements reflect
the current views of management and are subject to a number of risks and uncertainties. There is no guarantee that the expected
events, trends or results will actually occur. The statements are based on many assumptions and factors, including general economic
and market conditions, industry conditions, and operating factors. Any changes in such assumptions or factors could cause actual
results to differ materially from current expectations.
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