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5 GCA § 6.08

Continuing Disclosure

Guam Code AnnotatedTitle 5 — Government Operations
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The Government and the Trustee hereby covenant and agree that they will comply with and carry out all of the provisions of that certain Continuing Disclosure Agreement between the Government and the Trustee dated the date of issuance and COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS delivery of the 1997 Series A Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof (the “Continuing Disclosure Agreement”). Notwithstanding any other provision of this Indenture, failure of the Government or the Trustee to comply with the Continuing Disclosure Agreement shall not be considered an Event-of Default; however, the Trustee may (and, at the request of any Participating Underwriter (as defined in the Continuing Disclosure Agreement) or the Holders of at least 25% aggregate principal amount of Outstanding Bonds, shall) or any Bondholder or Beneficial Owner may take such actions may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Government or the Trustee, as the case may be, to comply with its obligations under this Section. For purposes of this Section, “Beneficial Owner” means any person which has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries).

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.