Section 2047-I. Remedies of bondholders  


Latest version.
  • Subject to any resolution or
      resolutions adopted pursuant to paragraph (j) of  subdivision  three  of
      section two thousand forty-seven-h of this title:
        1.  In  the  event  that  the  agency  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 agency 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
      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 his or 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 agency 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 agency 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 agency 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.
        5. Before declaring the  principal  of  bonds  due  and  payable,  the
      trustee shall first give thirty days notice in writing to the agency.
        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
      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 agency 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 agency  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.
        * NB There are 2 § 2047-i's