P.R. Laws tit. 22, § 154

2019-02-20 00:00:00+00
§ 154. Remedies of bondholders

(a) As used in §§ 141—161 of this title, the term “holder of bonds” or “bondholders” or any similar term shall mean any person who shall be the bearer of any outstanding bond or bonds registered to bearer or not registered or the registered owner of any outstanding bond or bonds which at that time shall be registered otherwise than to bearer. Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustees therefor, including, but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee herefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:

(1) By mandamus or other suit, action, or proceeding to enforce his rights against the Authority and its Board, officers, agents and employees to perform and carry out its and their duties and obligations under §§ 141—161 of this title and its and their covenants and agreements with bondholders;

(2) by civil action to require the Authority and the Board thereof to account as if they were the trustee of an express trust;

(3) by civil action to enjoin any act or things which may be unlawful or in violation of the rights of the bondholders, and

(4) to bring suit upon the bonds.

(b) No remedy conferred by §§ 141—161 of this title upon any holder of the bonds, or any trustee therefor, is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy, and may be exercised without exhausting, and without regard to, any other remedy conferred by §§ 141—161 of this title or by any other law.

History —May 1, 1945, No. 40, p. 138, § 15, renumbered as § 14 and amended on May 3, 1949, No. 163, § 1.