Section 2041-H. Remedies of bondholders  


Latest version.
  • Subject  to  any resolution or
      resolutions  adopted  pursuant  to  subdivision  three  of  section  two
      thousand forty-one-g of this title:
        1.  In  the  event  that the authority shall default in the payment of
      principal or of interest on any issue of  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  bonds,  the  holders  of  twenty-five  percent  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
      in  which the principal office of the authority is located 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 purpose 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 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 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, 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 in the enforcement and protection of their
      rights.
        4.  The  supreme  court  shall  have  jurisdiction  of  any  action or
      proceeding by the trustee on behalf of such bondholders.  The  venue  of
      any  such  action  or  proceeding  shall be laid in the county where the
      principal office of the authority is located.
        5. Before declaring the  principal  of  bonds  due  and  payable,  the
      trustee shall first give thirty days notice in writing to the authority.
        6.  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 the holders of such bonds, shall take possession of all moneys  and
      other  property  derived  from  such  part  or  parts of the project and
      proceed  with  any  construction  thereon  or  the  acquisition  of  any
      property,  real  or personal, in connection therewith that the authority
      is under obligation to do, and operate, maintain  and  reconstruct  such
      part  or  parts  of  the  project  and  collect and receive all revenues
      thereafter arising therefrom subject to any  pledge  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 project.