Section 285. Definitions  


Latest version.
  • As used in this article:
        1.  The  term "bond" means (a) a bond, note or other obligation of any
      kind or nature, whether secured or unsecured, which is part of an  issue
      held  by  more than one person, or (b) a certificate or other instrument
      which is part of an issue held by more than one  person  evidencing  any
      interest  in  any  bond, note or other obligation of any kind or nature,
      whether secured or unsecured.
        2. The term "bondholder" means the owner of a bond.
        3. The term "obligor" includes the obligor of a  bond  as  defined  in
      clause  (a)  of  paragraph  one  of  this  section;  the  obligor  of an
      obligation, interests in which are evidenced by a  bond  as  defined  in
      clause  (b)  of  paragraph  one  of  this  section; and the owner of any
      property securing any bond or any such obligation.
        4.  The  term  "trust  indenture"  means  any  agreement,  conveyance,
      transfer,  mortgage  or  other  instrument,  pursuant to which bonds are
      issued, or which affect the rights of bondholders.
        5. The term "trustee" includes any person to  whom  any  property  has
      been transferred as security for an issue; any person who is the obligee
      or  holder  of an obligation, interests in which are evidenced by a bond
      as defined in clause (b) of paragraph  one  of  this  section;  and  any
      person  who,  under the terms of a trust indenture, is granted rights or
      remedies which may be exercised for the benefit of bondholders.
        6. The term "default" means any non-compliance for thirty days or more
      by the obligor with any provision of a bond or  of  a  trust  indenture,
      whether or not under the terms of such bond or such trust indenture such
      non-compliance  is  regarded as a default, and whether or not any period
      of grace or other period prescribed in such bond or such trust indenture
      as a prerequisite for taking any action has expired.
        7. The term "qualified bondholder" means any bondholder  who  (a)  has
      acquired  a  bond  by  purchase before the default or the institution of
      proceedings which is the basis  of  an  application  under  section  two
      hundred  eighty-six and in any event at least one year before the making
      of such application, unless such bondholder shall have been an  original
      purchaser  or  (b) who has acquired a bond by gift or inheritance from a
      bondholder who acquired the same by purchase before the default  or  the
      institution  of  proceedings  which is the basis of an application under
      section two hundred eighty-six and in any  event  at  least  six  months
      before  the  making of such application; provided, however (a) that such
      bond was not purchased for the purpose of making  such  an  application;
      (b)  that  the  list  of  bondholders  shall  not  be for the purpose of
      communicating with bondholders in the interests of an object other  than
      the  particular indenture securing the issue of bonds; and (c) that such
      petitioner has not within five years sold or offered for sale  any  list
      of  stockholders  of  any corporation, or aided or abetted any person in
      procuring any stock list for any such purpose or  sold  or  offered  for
      sale  any  list  of  bondholders  of any obligor or aided or abetted any
      person in procuring such a list for any such purpose.