Section 2052-I. Remedies of bondholders  


Latest version.
  • Subject to any resolution or
      resolutions  adopted  pursuant  to  subdivision  three  of  section  two
      thousand fifty-two-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 local
      governments 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 in which 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 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.  Each  of the local governments and other municipalities within the
      area of operation are authorized to pledge to and agree with the holders
      of the bonds that such local governments  and  municipalities  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 2 § 2052-i's