Section 2051-I. Remedies of bondholders  


Latest version.
  • Subject to any resolution or
      resolutions adopted pursuant to paragraph (j) of  subdivision  three  of
      section two thousand fifty-one-h of this title:
        1.  In  the  event  that the authority shall default in the payment of
      principal of or 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
      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 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.
        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 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 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.
        7. The county is authorized to pledge to and agree with the holders of
      the bonds that the county will not limit or  impair  the  rights  hereby
      vested  in  the  authority  to  purchase,  construct, maintain, operate,
      repair,  improve,  increase,  enlarge,  extend,  reconstruct,  renovate,
      rehabilitate  or  dispose  of any project, or any part or parts thereof,
      for which bonds of the authority shall have been  issued,  to  establish
      and  collect  rates,  rents,  fees and other charges referred to in this
      title and to fulfill the terms of any agreements made with  the  holders
      of  the bonds or with any public corporation or person with reference to
      such project or part thereof, or  in  any  way  impair  the  rights  and
      remedies  of  the  bondholders,  until the bonds, together with interest
      thereon, with interest on any unpaid installments of  interest  and  all
      costs  and expenses in connection with any action or proceeding by or on
      behalf of the bondholders are fully met and discharged.
        * NB There are 3 § 2051-i's