NY Pub Auth L § 2051-I (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-I - County of Franklin Solid Waste Management Authority 2051-I - Remedies of Bondholders.

§  2051-i.  Remedies  of  bondholders.  Subject  to  any resolution or resolutions adopted pursuant to paragraph (j) of  subdivision  three  of section two thousand fifty-one-h 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 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 per centum in principal amount of  such  bonds  outstanding, shall in his 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 collect rents, rates and  charges  adequate  to carry  out  any  agreement  as  to,  or pledge of, such rents, rates and charges and 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 per centum of the principal amount of such bonds then outstanding, to  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  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. 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 agency.   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 project, the revenues of which are pledged for the security of the bonds of such issue, and such receiver may enter and take possession  of  such part  or  parts  of  the project and, subject to any pledge or agreement with holders of such bonds, shall take  possession  of  all  moneys  and other  property  derived  from  such  part  or  parts of the project and proceed  with  any  construction  thereon  or  the  acquisition  of  any property,  real  or personal, in connection therewith that the authority is under obligation to do, and to operate, maintain and reconstruct such part or parts of the  project  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 project.   7. The county is authorized to pledge to and agree with the holders of the bonds that the county will not limit or  impair  the  rights  hereby vested  in  the  authority  to  purchase,  construct, maintain, operate, repair,  improve,  increase,  enlarge,  extend,  reconstruct,  renovate, rehabilitate  or  dispose  of any project, or any part or parts thereof, for which bonds of the authority shall have been  issued,  to  establish and  collect  rates,  rents,  fees and other charges referred to in this title and to fulfill the terms of any agreements made with  the  holders of  the bonds or with any public corporation or person with reference to such project or part thereof, or  in  any  way  impair  the  rights  and remedies  of  the  bondholders,  until the bonds, together with interest thereon, with interest on any unpaid installments of  interest  and  all costs  and expenses in connection with any action or proceeding by or on behalf of the bondholders are fully met and discharged.