State Codes and Statutes

Statutes > New-york > Pba > Article-10-d > Title-3 > 3963

§  3963.  Remedies  of  bondholders.  Subject  to  any  resolution  or  resolutions adopted pursuant to paragraph  (f)  of  subdivision  six  of  section  thirty-nine  hundred  sixty-two  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, notes or other obligations 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,  notes,  or  other  obligations,  the holders of at least twenty-five per  centum in aggregate principal  amount  of  the  bonds,  notes  or  other  obligations 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,  notes  or  other  obligations 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, notes or  other  obligations 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 holders of such bonds, notes or other  obligations and require the authority to carry out any other  agreements  with  the  holders  of  such  bonds,  notes  or other obligations and to  perform its duties under this title; (b) bring an action  or  proceeding  upon   such  bonds,  notes  or  other  obligations;  (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, notes or other  obligations; 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, notes or other obligations.    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  holders of bonds, notes or other  obligations  in  the  enforcement  and  protection of their rights.    4.  The  supreme  court  of  the county shall have jurisdiction of any  action or proceeding by the trustee on behalf of such holders of  bonds,  notes or other obligations.

State Codes and Statutes

Statutes > New-york > Pba > Article-10-d > Title-3 > 3963

§  3963.  Remedies  of  bondholders.  Subject  to  any  resolution  or  resolutions adopted pursuant to paragraph  (f)  of  subdivision  six  of  section  thirty-nine  hundred  sixty-two  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, notes or other obligations 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,  notes,  or  other  obligations,  the holders of at least twenty-five per  centum in aggregate principal  amount  of  the  bonds,  notes  or  other  obligations 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,  notes  or  other  obligations 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, notes or  other  obligations 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 holders of such bonds, notes or other  obligations and require the authority to carry out any other  agreements  with  the  holders  of  such  bonds,  notes  or other obligations and to  perform its duties under this title; (b) bring an action  or  proceeding  upon   such  bonds,  notes  or  other  obligations;  (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, notes or other  obligations; 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, notes or other obligations.    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  holders of bonds, notes or other  obligations  in  the  enforcement  and  protection of their rights.    4.  The  supreme  court  of  the county shall have jurisdiction of any  action or proceeding by the trustee on behalf of such holders of  bonds,  notes or other obligations.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-10-d > Title-3 > 3963

§  3963.  Remedies  of  bondholders.  Subject  to  any  resolution  or  resolutions adopted pursuant to paragraph  (f)  of  subdivision  six  of  section  thirty-nine  hundred  sixty-two  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, notes or other obligations 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,  notes,  or  other  obligations,  the holders of at least twenty-five per  centum in aggregate principal  amount  of  the  bonds,  notes  or  other  obligations 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,  notes  or  other  obligations 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, notes or  other  obligations 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 holders of such bonds, notes or other  obligations and require the authority to carry out any other  agreements  with  the  holders  of  such  bonds,  notes  or other obligations and to  perform its duties under this title; (b) bring an action  or  proceeding  upon   such  bonds,  notes  or  other  obligations;  (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, notes or other  obligations; 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, notes or other obligations.    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  holders of bonds, notes or other  obligations  in  the  enforcement  and  protection of their rights.    4.  The  supreme  court  of  the county shall have jurisdiction of any  action or proceeding by the trustee on behalf of such holders of  bonds,  notes or other obligations.