§ 288. Judgment. If the court shall be satisfied that the allegations of the petition are true, and that the interests of the bondholders of the issue as a whole will not be adversely affected by the granting of the application, it shall enter judgment directing the trustee, every obligor, any receiver appointed by a court, depositary or committee purporting to act for or on behalf of bondholders, or such of them as may have been duly served, to furnish to the applicant a list of the names and addresses of all bondholders of the issue so far as they respectively have knowledge or information with respect to the same. Such judgment may contain such terms and conditions as the court may deem proper with respect to the time when and place where such lists are to be furnished, and the payment of the expense of furnishing same. Notwithstanding the foregoing provisions of this section, however, if a default was the basis of the application and such default has been cured before the entry of judgment, or if the institution of proceedings was the basis of the application and such proceedings have finally terminated before the entry of judgment, the proceeding may, in the discretion of the court, be dismissed.

Terms Used In N.Y. Personal Property Law 288

  • 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