Legislation
SECTION 1114-H*2
Remedies of bondholders
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 5-A*2
* § 1114-h. Remedies of bondholders. 1. In the event that the
authority shall default in the payment of principal of or interest on
any issue of the 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 the
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 applicable 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
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 outstanding
shall, in his or her own name:
(a) by action or proceeding in accordance with the civil practice law
and rules, enforce all rights of the bondholders and require the
authority to carry out any other agreements with the holders of such
bonds and 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, 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 incidental to the general
representation of bondholders in the enforcement and protection of their
rights.
4. The state supreme court, county of Nassau and the state shall have
jurisdiction of any action or proceeding by the trustee on behalf of
such bondholders.
5. Before declaring the principal of bonds due and payable, the
trustee shall first give thirty days' notice in writing to the
authority.
* NB There are 2 § 1114-h's
authority shall default in the payment of principal of or interest on
any issue of the 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 the
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 applicable 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
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 outstanding
shall, in his or her own name:
(a) by action or proceeding in accordance with the civil practice law
and rules, enforce all rights of the bondholders and require the
authority to carry out any other agreements with the holders of such
bonds and 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, 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 incidental to the general
representation of bondholders in the enforcement and protection of their
rights.
4. The state supreme court, county of Nassau and the state shall have
jurisdiction of any action or proceeding by the trustee on behalf of
such bondholders.
5. Before declaring the principal of bonds due and payable, the
trustee shall first give thirty days' notice in writing to the
authority.
* NB There are 2 § 1114-h's