Section 465. Remedies of noteholders and bondholders  


Latest version.
  • 1. In the event that
      the fund shall default in the payment of principal of or interest on any
      issue of notes or bonds after the same  shall  become  due,  whether  at
      maturity  or  upon  call for redemption, and such default shall continue
      for a period of thirty days, or in the event that the fund shall fail or
      refuse to comply with the provisions of this article, or  shall  default
      in  any  agreement made with the holders of any issue of notes or bonds,
      the holders of twenty-five per centum in aggregate principal  amount  of
      the  notes  or  bonds  of  such issue then outstanding, by instrument or
      instruments filed in the office of the city clerk of  the  city  of  New
      York  and  approved  or  acknowledged in the same manner as a deed to be
      recorded, may appoint a trustee to represent the holders of  such  notes
      or bonds for the purposes herein provided.
        2.  Such  trustee  may,  and  upon  written  request of the holders of
      twenty-five per centum in principal amount of such notes or  bonds  then
      outstanding shall, in his or its own name:
        (a)  by  suit,  action  or  proceeding  in  accordance  with the civil
      practice law and  rules,  enforce  all  rights  of  the  noteholders  or
      bondholders  and  require  the  fund  to  carry out agreements with such
      noteholders or bondholders and to perform its duties under this article;
        (b) bring suit upon such notes or bonds;
        (c) by action or suit, require the fund to account as if it  were  the
      trustee of an express trust for the holders of such notes or bonds;
        (d) by action or suit, enjoin any acts or things which may be unlawful
      or in violation of the rights of the holders of such notes or bonds;
        (e)  declare  all  such  notes  or  bonds  due and payable, and if all
      defaults shall be made good, then, with the consent of  the  holders  of
      twenty-five  per  centum  of the principal amount of such notes or bonds
      then outstanding, annul such declaration and its consequences.
        3. Such trustee shall in addition to the foregoing  have  and  possess
      all  of  the  powers  necessary  or  appropriate for the exercise of any
      functions specifically set forth  herein  or  incident  to  the  general
      representation  of  bondholders  or  noteholders  in the enforcement and
      protection of their rights.
        4. The supreme court shall have jurisdiction of any  suit,  action  or
      proceeding  by the trustee on behalf of such noteholders or bondholders.
      The venue of any such suit, action or proceeding shall be  laid  in  the
      county of New York.
        5.  Before  declaring the principal of notes or bonds due and payable,
      the trustee shall first give thirty days' notice in writing to the mayor
      of the city of New York, to the fund, to the board of education  of  the
      city of New York and to the attorney general of the state.