Section 1595-P. Remedies of bondholders  


Latest version.
  • 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 bondholders  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  of  Tioga  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   then
      outstanding shall, in his or its own name:
        (a)  by  mandamus  or  other  suit,  action or proceeding at law or in
      equity enforce all rights of the bondholders,  including  the  right  to
      require  the  authority to collect revenues adequate to carry out by any
      agreement as to,  or  pledge  of,  such  revenues  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 suit upon such bonds;
        (c) by action or suit in equity, 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 suit in equity, enjoin any acts or things  which  may
      be unlawful or in violation of the rights of the holders of such bonds;
        (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, 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. The venue of any
      such suit, action or proceeding shall be laid in the county of Tioga.
        4. Before declaring the principal of all such bonds  due  and  payable
      the  trustee  shall  first  give  thirty  days' notice in writing to the
      authority.
        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, or any  part  or  parts  of  the
      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, 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  authority  has  covenanted to
      construct, and with any construction which authority 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
      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  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 in the enforcement and protection of their
      rights.