Section 2675-O. Remedies for bond holders  


Latest version.
  • 1.  In  the  event that the
      authority shall default in the payment of principal or interest  on  any
      issue  of  bonds after the same shall become due, whether at maturity or
      upon call 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 per centum 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 purposes herein provided.
        2. Such trustee may, and  upon  written  request  of  the  holders  of
      twenty-five   per   centum  in  principal  amount  of  such  bonds  then
      outstanding shall, in his, her or its own name:
        (a) by suit,  action  or  proceeding  in  accordance  with  the  civil
      practice  law  and  rules,  enforce  all  rights  of  the holders of the
      authority's bonds, and include the right to  require  the  authority  to
      collect  fees  and  charges  and  interest  adequate  to  carry  out any
      agreements as to, or pledge or assignment of or lien upon, such fees and
      charges and interest, on properties 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 suit upon such bonds;
        (c)  by action or suit, 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 suit, enjoin any acts or things which may be unlawful
      or in violation of the rights of the holders of such bonds;
        (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 and appropriate  for  the  exercise  of  any
      functions  specifically  set  forth  herein  or  incident to the general
      representation  of  the  holders  of  the  authority's  bonds   in   the
      enforcement and protection of their rights.
        4.  The  Supreme  Court shall have jurisdiction of any suit, action or
      proceeding by the trustee on behalf of such holders of  the  authority's
      bonds. The venue of any such suit, action or proceeding shall be laid in
      the city in which the principal office of the authority is located.