Section 1598-O. 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 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 of Dutchess 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 Dutchess.
        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 of 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  convenanted  to
      construct,  and  with  any  construction  which  the  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  agreement  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.