67-6420. REMEDIES OF BOND AND NOTE HOLDERS. (a) In the event that the authority shall default in the payment of principal of or interest on any issue of notes and 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 (30) days, or in the event that the authority shall fail or refuse to comply with the provisions of this act, or shall default in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five per cent (25%) in aggregate principal amount of the notes or bonds of such issue then outstanding, may appoint a trustee to represent the holders of such notes or bonds for the purposes herein provided.
(b) Such trustee may, and upon written request of the holders of twenty-five per cent (25%) in principal amount of such notes or bonds then outstanding shall, in his or its own name:
(1) by suit, action or proceeding enforce all rights of the noteholders or bondholders, including the right to require the authority to carry out any agreements with such holders and to perform its duties under this act;
(2) bring suit upon such notes or bonds;
(3) by action or suit, require the authority to account as if it were the trustee of an express trust for the holders of such notes or bonds;
(4) 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;
(5) 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 cent (25%) of the principal amount of such notes or bonds then outstanding, annul such declaration and its consequences.
(c) Before declaring the principal of notes or bonds due and payable, the trustee shall first give thirty (30) days’ notice in writing to the authority.
History:
[67-6420, added 1974, ch. 111, sec. 20, p. 1263.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT
Section 67-6401 - SHORT TITLE.
Section 67-6402 - DEFINITIONS.
Section 67-6403 - CREATION OF AUTHORITY.
Section 67-6404 - DECLARATION OF POLICY.
Section 67-6405 - APPOINTMENT AND REMOVAL OF COMMISSIONERS.
Section 67-6406 - EXECUTIVE DIRECTOR.
Section 67-6407 - CONFLICT OF INTEREST.
Section 67-6408 - NO FORFEITURE OF OFFICE.
Section 67-6409 - GENERAL POWERS OF THE AUTHORITY.
Section 67-6410 - PROCEDURE PRIOR TO FINANCING BUILDING DEVELOPMENTS OR BUILDING PROJECTS.
Section 67-6411 - COOPERATION WITH MUNICIPALITIES, STATE BODIES OR COMMUNITY COLLEGE DISTRICTS.
Section 67-6412 - EXEMPTION FROM TAXATION.
Section 67-6413 - ANNUAL REPORT.
Section 67-6414 - BONDING PROVISIONS.
Section 67-6415 - REFUNDING OBLIGATIONS — ISSUANCE.
Section 67-6416 - REFUNDING OBLIGATIONS — USE OF PROCEEDS.
Section 67-6417 - DEPOSIT OF AUTHORITY MONEYS.
Section 67-6418 - CONTRACT OF THE STATE.
Section 67-6419 - LIMITATION OF LIABILITY ON AUTHORITY OBLIGATIONS.
Section 67-6420 - REMEDIES OF BOND AND NOTE HOLDERS.
Section 67-6421 - STATE GRANTS AND LEASES TO AUTHORITY.
Section 67-6422 - AUTHORITY OBLIGATIONS ARE LEGAL INVESTMENTS.