Legislation
SECTION 3664
Remedies of bondholders
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-D, TITLE 1
§ 3664. Remedies of bondholders. Subject to any resolution or
resolutions adopted pursuant to paragraph (f) of subdivision seven of
section thirty-six hundred fifty-six 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 shall default in
any agreement made with the holders of any issue of bonds, the holders
of at least 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 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 provided in this
section.
2. Such trustee may, and upon written request of the holders of at
least twenty-five per centum in principal amount of such bonds
outstanding shall, in his or her or its 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 holder of such bonds; and
(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.
3. Such trustee shall, in addition to the provisions of subdivisions
one and two of this section, have and possess all of the powers
necessary or appropriate for the exercise of any functions specifically
set forth in this section 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.
resolutions adopted pursuant to paragraph (f) of subdivision seven of
section thirty-six hundred fifty-six 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 shall default in
any agreement made with the holders of any issue of bonds, the holders
of at least 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 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 provided in this
section.
2. Such trustee may, and upon written request of the holders of at
least twenty-five per centum in principal amount of such bonds
outstanding shall, in his or her or its 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 holder of such bonds; and
(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.
3. Such trustee shall, in addition to the provisions of subdivisions
one and two of this section, have and possess all of the powers
necessary or appropriate for the exercise of any functions specifically
set forth in this section 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.