2021 New York Laws
PVH - Private Housing Finance
Article 12 - New York City Housing Development Corporation
660 - Remedies of Noteholders and Bondholders.

§  660.  Remedies of noteholders and bondholders. 1. In the event that
the corporation shall default in the payment of principal of or interest
on any issue of notes or 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 corporation shall
fail or refuse to comply with the provisions of this article,  or  shall
default  in any agreement made with the holders of any issue of notes or
bonds, the holders of twenty-five  per  centum  in  aggregate  principal
amount  of  the  notes  or  bonds  of  such  issue  then outstanding, by
instrument or instruments filed in the office of the clerk of the county
of New York and proved or acknowledged in the same manner as a  deed  to
be  recorded,  may  appoint  a  trustee to represent the holders of such
notes or 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 notes or bonds then
outstanding shall, in such trustee's own name:

(a) by suit, action or proceeding in accordance with the civil practice law and rules, enforce all rights of the noteholders or bondholders, including the right to require the corporation to carry out any agreement with such holders and to perform its duties under this article;

(b) bring suit upon such notes or bonds;

(c) by action or suit, require the corporation to account as if it were the trustee of an express trust for the holders of such notes or bonds;

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

(e) declare all such notes or 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 notes or bonds then outstanding, 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 such noteholders or bondholders. The venue of any such suit, action or proceeding shall be laid in the county of New York. 4. Before declaring the principal of notes or bonds due and payable, the trustee shall first give thirty days' notice in writing to the corporation.

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