Section 1273. Remedies of noteholders and bondholders  


Latest version.
  • 1. In the event that
      the authority 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  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 notes  or
      bonds,  the  holders  of  twenty-five  per centum in aggregate principal
      amount of the  notes  or  bonds  of  such  issue  than  outstanding,  by
      instrument or instruments filed in the office of the clerk of any county
      in  which  the  authority  operates  and  has  an  office  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 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,  including  the  right  to require the authority to collect
      fares, tolls, rentals, rates, charges and other fees adequate  to  carry
      out  any  agreement  as  to,  or  pledge of, such fares, tolls, rentals,
      rates, charges and other fees and to require the authority to carry  out
      any  other  agreements  with  the  holders of such notes or bonds and to
      perform its duties under this title;
        (b) bring suit upon such notes or bonds;
        (c) by action or suit, require the authority 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, to 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  in  which  the instrument or instruments are filed in accordance
      with subdivision one of this section.
        5. Before declaring the principal of notes or bonds due  and  payable,
      the  trustee  shall  first  give  thirty  days' notice in writing to the
      governor, to the authority, to  the  comptroller  and  to  the  attorney
      general of the state.