Definitions

The following terms wherever used or referred to in this Chapter or in any indenture entered into pursuant hereto, shall have the following COL120106 CH. 17 THE UNIVERSITY OF GUAM REVENUE BOND A CT OF 1966 meanings, respectively, unless a different meaning appears from the context:

(a)Governor means the Governor of Guam.

(b)Director of Administration means the head of the Department of Administration, within the Executive Branch of the government of Guam.

(c)Territory means the Territory of Guam.

(d)Organic Act means the Organic Act of the Territory as amended and in effect on the effective date of this Chapter.

(e)Board means the Board of Regents of the University of Guam. Board also means the Governor, the Director of Administration or any other officer or agency of the Territory whenever any action which this Chapter or any indenture requires or permits the Board to take can, under the Organic Act or any provision of this Code or any other statute of the Territory, be taken for or on behalf or in lieu of the Board by the Governor, the Director of Administration or such other officer or agency.

(f)University means the University of Guam maintained under the authority of this Code.

(g)The term project means any one or more capital projects of the University, including, without limitation classroom buildings, administration buildings, dormitories or other housing facilities, vehicle parking facilities or any other auxiliary or supplementary facilities, owned or operated or authorized to be acquired, constructed, furnished, equipped and operated for use by the University, students, faculty members or other employees, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the Board as a project in providing for the issuance of bonds.

(h)The term bonds or revenue bonds means the written evidence of any obligation issued by the Board with the approval of the Governor, payment of which is secured by a pledge of revenues or any part of revenues as provided in this Chapter, in order to obtain funds with which to carry out the purposes of this Chapter, irrespective of the form of such obligations.

(i)The term revenues means and includes any and all tuition, fees, rates, rentals and other charges received or receivable in connection with, and any and all other income and receipts of whatever kind of character, COL120106 CH. 17 THE UNIVERSITY OF GUAM REVENUE BOND A CT OF 1966 derived by the Board from the operation of the University or from the operation of or arising from a project.

(j)The holder of bonds or bondholder or any similar terms shall mean any person who shall be the bearer of any outstanding bond or bond registered to bearer or not registered or the registered owner of any such outstanding bond or bond which shall at the time be registered other than to bearer.

(k)The term indenture means an agreement entered into and approved or adopted by a majority of all of the members of the Board, with the approval of the Governor, pursuant to which bonds are issued, regardless of whether such agreement is expressed in the form of a resolution of the Board or by other instrument.

(l)The term person includes any individual, firm, corporation, association, copartnership, trust, business trust or receiver or trustee or conservator for any thereof, but does not include the United States or the Territory or any public corporation, political subdivision, city, county or district or any agency or instrumentality of the United States or of the Territory.

(m)

(1)The present tense includes the past and future tenses; and the future, the present.

(2)The masculine gender includes the feminine and neuter.

(3)The singular number includes the plural, and the plural the singular.

(4)Shall is mandatory and may is permissive.