2012 New York Consolidated Laws
PEP - Personal Property
Article 8-B - (285 - 288) PROCEEDING FOR DISCOVERY OF NAMES AND ADDRESSES OF BONDHOLDERS
285 - Definitions.

 
    § 285. Definitions. As used in this article:
    1.  The  term "bond" means (a) a bond, note or other obligation of any
  kind or nature, whether secured or unsecured, which is part of an  issue
  held  by  more than one person, or (b) a certificate or other instrument
  which is part of an issue held by more than one  person  evidencing  any
  interest  in  any  bond, note or other obligation of any kind or nature,
  whether secured or unsecured.
    2. The term "bondholder" means the owner of a bond.
    3. The term "obligor" includes the obligor of a  bond  as  defined  in
  clause  (a)  of  paragraph  one  of  this  section;  the  obligor  of an
  obligation, interests in which are evidenced by a  bond  as  defined  in
  clause  (b)  of  paragraph  one  of  this  section; and the owner of any
  property securing any bond or any such obligation.
    4.  The  term  "trust  indenture"  means  any  agreement,  conveyance,
  transfer,  mortgage  or  other  instrument,  pursuant to which bonds are
  issued, or which affect the rights of bondholders.
    5. The term "trustee" includes any person to  whom  any  property  has
  been transferred as security for an issue; any person who is the obligee
  or  holder  of an obligation, interests in which are evidenced by a bond
  as defined in clause (b) of paragraph  one  of  this  section;  and  any
  person  who,  under the terms of a trust indenture, is granted rights or
  remedies which may be exercised for the benefit of bondholders.
    6. The term "default" means any non-compliance for thirty days or more
  by the obligor with any provision of a bond or  of  a  trust  indenture,
  whether or not under the terms of such bond or such trust indenture such
  non-compliance  is  regarded as a default, and whether or not any period
  of grace or other period prescribed in such bond or such trust indenture
  as a prerequisite for taking any action has expired.
    7. The term "qualified bondholder" means any bondholder  who  (a)  has
  acquired  a  bond  by  purchase before the default or the institution of
  proceedings which is the basis  of  an  application  under  section  two
  hundred  eighty-six and in any event at least one year before the making
  of such application, unless such bondholder shall have been an  original
  purchaser  or  (b) who has acquired a bond by gift or inheritance from a
  bondholder who acquired the same by purchase before the default  or  the
  institution  of  proceedings  which is the basis of an application under
  section two hundred eighty-six and in any  event  at  least  six  months
  before  the  making of such application; provided, however (a) that such
  bond was not purchased for the purpose of making  such  an  application;
  (b)  that  the  list  of  bondholders  shall  not  be for the purpose of
  communicating with bondholders in the interests of an object other  than
  the  particular indenture securing the issue of bonds; and (c) that such
  petitioner has not within five years sold or offered for sale  any  list
  of  stockholders  of  any corporation, or aided or abetted any person in
  procuring any stock list for any such purpose or  sold  or  offered  for
  sale  any  list  of  bondholders  of any obligor or aided or abetted any
  person in procuring such a list for any such purpose.