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This entry was published on 2014-09-22
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SECTION 707
Remedies of bondholders
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 3, TITLE 8
§ 707. 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 have 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 an instrument or instruments in writing filed in the office of the
clerk of the county of Saint Lawrence 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 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 to collect
tolls and revenues adequate to carry out any agreement as to, or pledge
of, such tolls and revenues, and to require the authority to carry out
any other agreements with the bondholders and to perform its 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 of the outstanding bonds due and payable, and if all
defaults 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 proceeding shall be laid in the county of Saint
Lawrence.

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 bridge and any
approach roads and the ferry or ferries 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 and other revenues thereafter
arising from the operation thereof 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 and other revenues derived
from the operation of the bridge and the ferry or ferries.

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.