§ 286. Grounds for proceeding. Whenever there has been a default under a bond or a trust indenture which has not been cured, or whenever proceedings have been instituted under any federal or state law for the modification of a bond or a trust indenture or for a reorganization of the obligor, in connection with which such a modification is contemplated, any qualified bondholder owning such a bond, or owning a bond to which such a trust indenture relates, may apply to the supreme court or the county court, by special proceeding for judgment directing the trustee of the issue and every obligor of the bond, or any of them, to furnish to the applicant a list of the names and addresses of all of the bondholders of the issue so far as they have knowledge or information with respect to such names and addresses, irrespective of how such knowledge or information was acquired.

Terms Used In N.Y. Personal Property Law 286

  • 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. See N.Y. Personal Property Law 285
  • bondholder: means the owner of a bond. See N.Y. Personal Property Law 285
  • 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. See N.Y. Personal Property Law 285
  • 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. See N.Y. Personal Property Law 285
  • trust indenture: means any agreement, conveyance, transfer, mortgage or other instrument, pursuant to which bonds are issued, or which affect the rights of bondholders. See N.Y. Personal Property Law 285
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