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This entry was published on 2014-09-22
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SECTION 1066
Remedies of bondholders
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 3
§ 1066. Remedies of bondholders. 1. In the event that the authority
shall default in the payment of principal of or interest on any issue 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 any issue of the bonds, the holders
of twenty-five per centum 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 of Erie 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 purposes herein provided.

2. Such trustee may, and upon written request of the holders of
twenty-five per centum in principal amount of such 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 to collect
revenues, rates, rentals, fees and other charges adequate to carry out
any agreement as to, or pledge of such revenues, rates, rentals, fees
and other charges and to require the authority to carry out any other
agreements with the holders of such bonds and to perform its duties
under this title;

(b) bring suit upon such 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 holders of such
bonds;

(d) by action or suit in equity, enjoin any acts or things which may
be unlawful or in violation of the rights of the holders of such bonds;

(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. The supreme court shall have jurisdiction of any suit, action or
proceeding by the trustee on behalf of bondholders.

4. Before declaring the principal of all such bonds due and payable
the trustee shall first give thirty days' notice in writing to the
authority.

5. 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 such receiver may enter and take possession of
such part or parts of the properties and subject to any pledge or
agreement with bondholders shall take possession of all moneys and other
property derived from such part or parts of the 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.

6. Such trustees 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.