Section 1199-IIII. Remedies of bondholders  


Latest version.
  • Subject to any resolution or
      resolutions adopted pursuant to paragraph (j)  of  subdivision  four  of
      section one thousand one hundred ninety-nine-hhhh of this title:
        1.  In  the  event  that the authority shall default in the payment of
      principal of or interest on any issue of the 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  the bonds, 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  outstanding
      shall, in 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 collect rents, rates, fees and charges adequate
      to  carry  out  any agreement as to, or pledge of, such rents, rates and
      charges, and to require the authority to carry out any other  agreements
      with  the  holders  of  such  bonds and 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  per
      centum  of  the  principal  amount of such 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  incidental  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.  Venue  of  any
      such action or proceeding shall be laid in the county.
        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 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.
        6.  Before  declaring  the  principal  of  bonds  due and payable, the
      trustee  shall  first  give  thirty  days'  notice  in  writing  to  the
      authority.
        * NB There are 2 § 1199-iiii's