Section 3017. Remedies of noteholders and bondholders  


Latest version.
  • 1. In the event that
      a corporation shall default in the payment of principal of  or  interest
      on  or  sinking  fund  payment on, any issue of notes or bonds after the
      same shall become due, whether at maturity or otherwise or in the  event
      that  a corporation 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
      clerk of the county in which the principal office of such corporation is
      located and proved 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  percentum  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, including the right to require the corporation to carry out
      any agreement with such holders and to perform  its  duties  under  this
      act;
        (b) bring suit upon such notes or bonds;
        (c)  by  action  or  suit, require the corporation 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. The supreme court shall have jurisdiction of any  suit,  action  or
      proceeding  by  the  noteholder  or bondholder trustee on behalf of such
      noteholders or bondholders. The  venue  of  any  such  suit,  action  or
      proceeding  shall be laid in the county in which the principal office of
      the corporation is located.
        4. Before declaring the principal of notes or bonds due  and  payable,
      the  trustee  shall  first  give  thirty  days' notice in writing to the
      governor, the corporation and to the attorney general of the state.