Section 2668. Remedies of bondholders  


Latest version.
  • Subject  to  any  resolution  or
      resolutions adopted pursuant to 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
      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, fees and charges adequate
      to carry out any agreement as to, or pledge of, such rents, rates,  fees
      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 the 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 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 any 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 monies  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 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 properties.