(a) by action or proceeding in accordance with the civil practice law
and rules, enforce all rights of the bondholders, including the right to
require the corporation to collect rents, rates, fees, and charges
adequate to carry out any agreement as to, or pledge of, such rents,
rates, fees, and charges and to require the corporation to carry out any
other agreements with the holders of such bonds to perform its duties
under this title;
(b) bring an action or proceeding upon such bonds;
(c) by action or proceeding, require the corporation to account as if
it were the trustee of an express trust for the holders of such bonds;
(d) by action or proceeding, enjoin any acts or things which may be
unlawful or in violation of the rights of the holders of such bonds; and
(e) declare all such bonds due and payable, and if all defaults shall
be made good, then with the consent of the holders of the twenty-five
percent of the aggregate principal amount of such bonds then
outstanding, to annul such declaration and its consequences.
3. 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 in this title or incident to the
general representation of bondholders in the enforcement and protection
of such bondholders' rights.
4. The supreme court shall have jurisdiction of any action or
proceeding by the trustee on behalf of such bondholders. The venue of
any such action or proceeding shall be laid in the county.
5. Before declaring the principal of bonds due and payable, the
trustee shall first give thirty days' notice in writing to the
corporation.
6. 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 any receiver of any part or parts of the
project, 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 project and, subject to any pledge or agreement
with the holders of such bonds, shall take possession of all monies and
other property derived from such part or parts of the project and
proceed with any construction thereon or the acquisition of any
property, real or personal, in connection therewith that the corporation
is under obligation to do, and to operate, maintain, and reconstruct
such part or parts of the project and collect and receive all revenues
thereafter arising therefrom, subject to any pledge or agreement with
bondholders relating thereto, and perform the public duties and carry
out the agreements and obligations of the corporation 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.
Structure New York Laws
Article 10-C - New York Health Care Corporations
Title 6 - Erie County Medical Center Corporation
3626 - Legislative Findings and Declarations.
3628 - Erie County Medical Center Corporation.
3630 - General Powers of the Corporation.
3631 - Special Powers of the Corporation.
3633 - Bonds or Notes of the Corporation.
3634 - Remedies of Bondholders.
3635 - State and County Not Liable on Corporation Bonds.
3636 - Monies of the Corporation.
3637 - Bonds; Legal Investments for Fiduciaries.
3640 - Tax Exemption and Tax Contract by the State.
3641 - Actions Against Corporation.
3642 - Audit and Annual Reports.
3643 - Defense and Indemnification.
3644 - Transfer of Applications, Proceedings, Approvals, and Permits.