2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 6-C* - Dutchess County Water and Wastewater Authority › 1129*2 - Remedies of Bondholders.

* §  1129.  Remedies  of  bondholders.  Subject  to  any resolution or
resolutions adopted pursuant to paragraph (j)  of  subdivision  four  of
section one thousand one hundred twenty-eight 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  of  instruments filed in the office of the clerk of Dutchess
county and provided 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  collect  lease  payments,  rates  and  charges
adequate  to  carry  out  any  agreement as to, or pledge of, such lease
payments, rates and charges and to require the authority  to  carry  out
any other agreements with the county and any other municipality and, or,
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 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 Dutchess 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 revenue derived from the properties.
* NB There are 2 § 1129's