Section 878. Remedies of bondholders and noteholders  


Latest version.
  • (1) In the event that
      the agency shall default in the payment of principal or of  interest  on
      any issue of the bonds or notes 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 agency shall fail
      or refuse to comply with the provisions of this title, or shall  default
      in  any  agreement  made  with  the holders of any issue of the bonds or
      notes, the holders of twenty-five  per  centum  in  aggregate  principal
      amount  of  the  bonds  of such issue then outstanding, by instrument or
      instruments filed in the office of the clerk of the county and proved or
      acknowledged in the same manner as a deed to be recorded, may appoint  a
      trustee  to  represent the holders of such 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 bonds or notes, then
      outstanding shall, in his or its own name:
        (a) by suit, action or special proceeding enforce all  rights  of  the
      bondholders or noteholders, including the right to require the agency to
      collect  revenues  adequate  to carry out any agreement as to, or pledge
      of, such revenues, and to require the agency  to  carry  out  any  other
      agreements  with  the  holders of such bonds or notes and to perform its
      duties under this title;
        (b) bring suit upon such bonds or notes;
        (c) by action or special proceeding, require the authority to  account
      as  if  it  were the trustee of an express trust for the holders of such
      bonds or notes;
        (d) by action or special proceeding, enjoin any acts or  things  which
      may  be  unlawful  or  in violation of the rights of the holders of such
      bonds or notes;
        (e) declare all such bonds or  notes  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  bonds  or  notes
      then outstanding, to annul such declaration and its consequences.
        (3)  The  supreme court shall have jurisdiction of any suit, action or
      proceeding by the trustee on behalf of bondholders or noteholders.   The
      venue of any such suit, action or proceeding shall be laid in the county
      in which the project or projects are located.
        (4)  Before declaring the principal of all such bonds due and payable,
      the trustee shall first give thirty  days'  notice  in  writing  to  the
      agency.
        (5) Any such trustee, whether or not the issue of bonds represented by
      such  trustee has been declared due and payable, shall be entitled as of
      right to the appointment of a  receiver  of  any  part  or  parts  of  a
      project, the revenues of which are pledged for the security of the bonds
      of  such  issue, and such receiver may enter and take possession of such
      part or parts of the project and, subject to  any  pledge  or  agreement
      with bondholders or noteholders, shall take possession of all moneys and
      other   property   derived   from  or  applicable  to  the  acquisition,
      construction, operation, maintenance and reconstruction of such part  or
      parts  of  the project and proceed with the acquisition of any necessary
      real property in  connection  with  the  project  that  the  agency  has
      covenanted  to  construct, and with any construction which the agency is
      under obligation to do and to operate,  maintain  and  reconstruct  such
      part  or  parts  of  the  project  and  collect and receive all revenues
      thereafter arising therefrom subject to any pledge thereof or  agreement
      with  bondholders or noteholders relating thereto and perform the public
      duties and carry out the agreements and obligations of the agency  under
      the  direction  of  the  court. In any suit, action or proceeding by the
    
      trustee, the fee, counsel fees and expenses of the trustee  and  of  the
      receiver,  if  any, shall constitute taxable disbursements and all costs
      and disbursements allowed by the court shall be a first  charge  on  any
      revenues derived from such project.
        (6) 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.