Section 1232-H. Remedies of bondholders  


Latest version.
  • Subject  to  any resolution or
      resolutions adopted pursuant to paragraph (i)  of  subdivision  four  of
      section twelve hundred thirty-two-g of this title:
        1.  In  the  event  that the authority shall default in the payment of
      principal or of interest on any issue of  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 authority 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  bonds,  the  holders  of  twenty-five  percent  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
      purpose herein provided.
        2.  Such  trustee  may,  and  upon  written  request of the holders of
      twenty-five percent in principal amount of such bonds outstanding shall,
      in his, her or its own name:
        (a) by action or proceeding in accordance with the civil practice  law
      and rules, enforce all rights of the bondholders, including the right to
      require the authority to carry out any other agreements with the holders
      of such bonds to perform its duties under this title;
        (b) bring an action or proceeding upon such bonds;
        (c) by action or proceeding, require the authority to account as if it
      were the trustee of an express trust for the holders of such bonds;
        (d)  by  action  or proceeding, enjoin any acts or things which may be
      unlawful or in violation of the rights of the holders of such bonds; and
        (e) declare all such bonds due and payable, and if all defaults  shall
      be  made  good,  then  with  the  consent  of the holders of twenty-five
      percent of the principal amount of such bonds  then  outstanding,  annul
      such declaration and its consequences.
        3. Such trustee shall, in addition to the foregoing provisions of this
      section, have and possess all of the powers necessary or appropriate for
      the  exercise of any functions specifically set forth in this section or
      incident to the general representation of bondholders in the enforcement
      and protection of their rights.
        4. The state supreme court shall have jurisdiction of  any  action  or
      proceeding  by  the  trustee on behalf of such bondholders. The venue of
      any such action or proceeding shall be laid in the county.
        5. Before declaring the  principal  of  bonds  due  and  payable,  the
      trustee shall first give thirty days notice in writing to the authority.
        6.  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 the
      properties the revenues of which are pledged for  the  security  of  the
      bonds  of  such  issue,  and,  subject  to  any pledge or agreement with
      holders of such bonds, such receiver may enter and  take  possession  of
      such  part  or  parts of the properties and shall take possession of all
      moneys and other property derived  from  such  part  or  parts  of  such
      properties  and proceed with any construction thereon or the acquisition
      of any property, real or personal, in  connection  therewith  which  the
      authority  is  under  obligation  to  do,  and  to operate, maintain and
      reconstruct such part or parts of the properties and collect and receive
      all revenues thereafter arising therefrom subject to any pledge  thereof
      or  agreement  with  bondholders relating thereto and perform the public
      duties and carry out the agreements and  obligations  of  the  authority
      under  the  direction of the court. In any suit, action or proceeding by
      the trustee, the fees, 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 the properties.