5 GCA § 9.01
Amendments Permitted
View official PDF ↗(A)This Indenture and the rights and obligations of the Government and of the Holders of the Bonds and of the Trustee may be modified or amended at any time by a Supplemental Indenture which shall become effective when the written consents of each Credit Provider and the Holders of sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding shall have been filed with the Trustee; provided that
(1)if such modification or amendment will, by its terms, not take effect so long as any Bonds of any particular maturity or Series remain Outstanding, the consent of the Holders of Bonds of such maturity or Series and the Credit Provider of such Series, if any, shall not COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Outstanding Bonds under this Section,
(2)the consent of the Credit Provider of the 1997 Series A Bonds shall be deemed to be the consent of sixty percent (60%) of the 1.997 Series A Bondholders, and
(3)if so provided by the applicable Supplemental Indenture, the consent of the Credit Provider for a Series of Bonds shall be deemed to be the consent of the holders of sixty percent in principal amount of the Bonds Outstanding of such Series. No such modification or amendment shall
(1)extend the fixed maturity of any Bond, or reduce the amount of principal thereof, or extend the time of payment or reduce the amount of any Mandatory Sinking Account Payment provided herein for the payment of any Bond, or extend the time of payment of any interest on any Bond, or reduce the rate of interest thereon, without the consent of the Holder of each Bond so affected, or
(2)reduce the aforesaid percentage of Bonds the consent of the Holders of which is required to effect any such modification or amendment, or permit the creation of any lien on the Revenues and other assets pledged under this Indenture prior to or on a parity with the lien created by this Indenture, or deprive the Holders of the Bonds of the lien created by this Indenture upon such Revenues and other assets (except as expressly provided in this Indenture), without the consent of the Holders of all of the Bonds then Outstanding.
(B)This Indenture and the rights and obligations of the Government and of the Holders of the Bonds may also be modified or amended at any time by a Supplemental Indenture, which shah become effective upon execution (or such later date as may be specified in such Supplemental Indenture), without the consent of any Bondholders, but only to the extent permitted by law and only for any one or more of the following purposes:
(1)to add to the covenants and agreements of the Government in this Indenture contained other covenants and agreements thereafter to be observed, to pledge or assign additional security for the Bonds, or to surrender any right or power herein reserved to or conferred upon the Government, provided, that no such covenant, agreement, pledge, assignment or surrender shall materially adversely affect the interests of the Holders of the Bonds; COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS
(2)to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing or correcting any defective provision, contained in this Indenture, or in regard to matters or questions arising under this Indenture, as the Government may deem necessary or desirable and not inconsistent with this indenture, and which shall not materially adversely affect the interests of the Holders of the Bonds;
(3)to modify, amend or supplement this Indenture in such manner as to permit the qualification hereof under the Trust indenture Act of 1939. as amended, or any similar federal statute hereafter in effect, and to add such other terms, conditions and provisions as may be permitted by said act or similar federal statute, and which shall not materially adversely affect the interests of the Holders of the Bonds; or
(4)to provide for the issuance of an additional Series of Bonds, and to provide the terms and conditions under which such Bonds may be issued, subject to and in accordance with the provisions of Article III.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.