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5 GCA § 7.06

Limitation on Bondholders Right to Sue

Guam Code AnnotatedTitle 5 — Government Operations
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No Holder of any Bond shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under this Indenture, the Act or any other applicable law with respect to such Bond. unless

(A)such Holder shall have given to the Trustee written notice of the occurrence of an Event of Default;

(B)the Holders of not less than COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS twenty-five percent (25%) in aggregate principal amount of the Bonds then Outstanding shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such suit, action or proceeding in its own name;

(C)such Holder or said Holders shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and

(D)the Trustee shall have refused or omitted to comply with such request for a period of sixty

(60)days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Holder of Bonds of any remedy hereunder or under law; it being understood and intended that no one or more Holders of Bonds shall have any right in any manner whatever by its or their action to affect, disturb or prejudice the security of this indenture on the rights of any other Holders of Bonds, or to enforce any right under this Indenture, the Act or other applicable law with respect to the Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any such right shall be instituted, had and maintained in the manner herein provided and for the benefit and protection of all Holders of the Outstanding Bonds, subject to the provisions of this Indenture (including § 6.02).

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