After-Acquired Shares

(a)A corporation may elect to withhold payment required by § 281308 from any shareholder who did not certify that beneficial ownership of all of the shareholder’s shares for which appraisal rights are asserted was acquired before the date set forth in the appraisal notice pursuant to § 281306(b)(1).

(b)If the corporation elected to withhold payment under subsection (a), it must, within 30 days after the form required by § 281306

(b)is due, notify all shareholders who are described in subsection (a):

(1)of the information required by § 281308 (b)(1);

(2)of the corporation’s estimate of fair value pursuant to § 281308 (b)(2);

(3)that they may accept the corporation’s estimate of fair value, plus interest, in full satisfaction of their demands or demand appraisal under § 281310;

(4)that those shareholders who wish to accept such offer must so notify the corporation of their acceptance of the corporation’s offer within 30 days after receiving the offer; and

(5)that those shareholders who do not satisfy the requirements for demanding appraisal under § 281310 shall be deemed to have accepted the corporation’s offer.

(c)Within ten days after receiving the shareholder’s acceptance pursuant to subsection (b), the corporation must pay in cash the amount it COL372014 CH. 28 GUAM BUSINESS CORPORATION ACT offered under subsection (b)(2) to each shareholder who agreed to accept the corporation’s offer in full satisfaction of the shareholder’s demand.

(d)Within 40 days after sending the notice described in subsection (b), the corporation must pay in cash the amount it offered to pay under subsection (b)(2) to each shareholder described in subsection (b)(5).