Guam § 3301 - Definitions.

§ 3301. Definitions.

In this Chapter:

(a) “Beneficial stockholder” means the person who is a beneficial

owner of shares held in a voting trust or by a nominee as the record

stockholder.

(b) “Corporation” means the issuer of the shares held by a dissenter

before the corporate action, or the surviving or acquiring corporation by

merger or share exchange of that issuer.

(c) “Dissenter” means a stockholder who is entitled to dissent fron1

corporate action under § 3302 and who exercises that right when and in the

manner required by §§ 340l through 3409 of this Chapter.

(d) “Fair value,” with respect to a dissenter’s shares, means the value

of the shares immediately before effectuation of the corporate action to

which the dissenter objects, excluding any appreciation or depreciation in

anticipation of the corporate action.

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(e) “Interest” means interest from the effective date of the corporate

action until the date of payment, at the average rate currently paid by the

corporation on its principal bank loans or, if there are no loans, at a rate that

is fair and equitable under all the circumstances.

(f) “Record stockholder” means the person in whose name shares are

registered in the records of a corporation or the beneficial owner of shares

to the extent of the rights granted by a nominee certificate on file with a

corporation.

(g) “Stockholder” means the record stockholder or the beneficial

stockholder.