N.Y. Public Authorities Law § 1232-h: Remedies of bondholders

§ 1232-h. Remedies of bondholders. Subject to any resolution or

resolutions adopted pursuant to paragraph (i) of subdivision four of

section twelve hundred thirty-two-g of this title:

1. In the event that the authority shall default in the payment of

principal or of 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

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 percent in principal amount of such bonds outstanding shall,

in his, 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, including the right 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 twenty-five

percent of the principal amount of such bonds then outstanding, annul

such declaration and its consequences.

3. Such trustee shall, in addition to the foregoing provisions 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 state 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 a receiver of any part or parts of the

properties the revenues of which are pledged for the security of the

bonds of such issue, and, subject to any pledge or agreement with

holders of such bonds, such receiver may enter and take possession of

such part or parts of the properties and shall take possession of all

moneys and other property derived from such part or parts of such

properties and proceed with any construction thereon or the acquisition

of any property, real or personal, in connection therewith which the

authority is under obligation to do, and to operate, maintain and

reconstruct such part or parts of the properties and collect and receive

all revenues thereafter arising therefrom subject to any pledge thereof

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.