Nevada § 319.370 - Remedies of bondholders and noteholders

§ 319.370. Remedies of bondholders and noteholders

1. If the Division defaults in the payment of principal of or interest on any bonds

or notes issued under this chapter after it is due, whether at maturity or upon call

for redemption, and such default continues for a period of 30 days, or if the Division

fails or refuses to comply with the provisions of this chapter or defaults in any

agreement made with the holders of an issue of its bonds or notes, the holders of

25 percent in aggregate principal amount of the bonds or notes of such issue then

outstanding, by instrument or instruments filed in the Office of the Secretary of

State 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 or notes for the purposes

provided in this section. 2. The trustee may, and upon written request of the holders of 25 percent in principal

amount of such bonds or notes then outstanding shall, in his, her or its own name: (a) Enforce the right of the bondholders or noteholders to require the Division to

collect interest and amortization payments on the mortgages held by it adequate to

carry out any agreement as to, or pledge of, such interest and amortization payments,

and to require the Division to carry out any other agreements with the holders of

such bonds or notes and to perform its duties under this act. (b) Enforce the right of the bondholders or noteholders to collect and enforce the

payment of principal of and interest due or becoming due on loans to lending institutions

and collect and enforce any rights in respect to collateral securing such loans or

sell such collateral, so as to carry out any contract as to, or pledge of revenues,

and to require the Division to carry out any contract as to, or pledge of revenues,

and to require the Division to perform its duties under this chapter. (c) Bring suit upon all or any part of such bonds or notes. (d) By civil action, require the agency to account as if it were the trustee of an

express trust for the holders of such bonds or notes. (e) By civil action, enjoin any acts or things which may be unlawful or in violation

of the rights of the holders of such bonds or notes. (f) Declare all such bonds or notes due and payable, and if all defaults are made

good then with the consent of the holders of 25 percent of the principal amount of

such bonds or notes then outstanding, to annul such declaration and its consequences. (g) Enforce any other right of the bondholders or noteholders conferred by law or

by the proceedings of the Division authorizing the issuance of the bonds or notes. 3. The trustee shall, in addition to the powers listed in subsection 2, have all the

powers necessary or appropriate for the exercise of any functions specifically set

forth in this section or incident to the general representation of bondholders or

noteholders in the enforcement and protection of their rights. 4. Before declaring the principal of bonds or notes due and payable, the trustee shall

give 30 days' notice in writing to the Governor, to the Administrator and to the Attorney

General of this state. 5. The District Court of the First Judicial District has jurisdiction of any suit,

action or proceeding by the trustee on behalf of bondholders or noteholders.