N.Y. Public Authorities Law § 586: Remedies of bondholders

§ 586. Remedies of bondholders. 1. In the event that the authority

shall default in the payment of principal of or interest on any 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 the bonds, the holders of twenty-five per

centum in aggregate principal amount of the bonds then outstanding by

instrument or instruments, filed in the office of the clerk of the

county of Jefferson and proved or acknowledged in the same manner as a

deed to be recorded, may appoint a trustee to represent the bondholders

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 the bonds then outstanding

shall, in his or its own name:

(a) by suit, action or special proceeding, enforce all rights of the

bondholders, including the right to require the authority and the board

to collect tolls and rentals adequate to carry out any agreement as to,

or pledge of, such tolls and rentals, and to require the authority and

the board to carry out any other agreements with the bondholders and to

perform its and their duties under this title;

(b) bring suit upon the bonds;

(c) by action or suit in equity, require the authority to account as

if it were the trustee of an express trust for the bondholders;

(d) by action or suit in equity, enjoin any acts or things which may

be unlawful or in violation of the rights of the bondholders;

(e) declare all bonds due and payable and if any default shall be made

good to annul such declaration and its consequences.

3. The supreme court shall have jurisdiction of any suit, action or

proceeding by the trustee on behalf of the bondholders. The venue of any

such suit, action or proceedings shall be laid in Jefferson county.

4. Before declaring the principal of all bonds due and payable the

trustee shall first give thirty days' notice in writing to the

authority.

5. Any such trustee, whether or not all bonds have been declared due

and payable, shall be entitled as of right to the appointment of a

receiver who may enter and take possession of the bridges and road then

under the jurisdiction of the authority or any part or parts thereof and

operate and maintain the same and collect and receive all tolls, rentals

and other revenues thereafter arising from the American channel bridge

in the same manner as the authority itself might do and shall deposit

all such moneys in a separate account and apply the same in such manner

as the court shall direct. 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

tolls, rentals and other revenues derived from the American channel

bridge.

6. 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 incident to the general

representation of the bondholders in the enforcement and protection of

their rights.