Section 1622-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 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 Rockland 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 to 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  proceedings  shall  be  laid  in  the county of
      Rockland.
        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  real  property  necessary   or
      convenient  in  connection  with  the  project  that  the  authority has
      covenanted 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  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.