The Vermont Statutes Online

Title 30 : Public Service

Chapter 084 : Vermont Public Power Supply Authority

Subchapter 003 : FORM AND NATURE OF BONDS AND NOTES

• § 5034. Remedies of bondholders and noteholders

  (a) In the event that the Authority defaults in the payment of principal or of interest on any bonds or notes issued under this chapter after they become due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days, or in the event that the Authority fails or refuses to comply with the provisions of this chapter, or defaults in any agreement made with the holders of an issue of bonds or notes of the Authority, 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 those bonds or notes for the purposes provided.

  (b) That trustee may, and upon written request of the holders of 25 percent in principal amount of the bonds or notes then outstanding shall, in his or her or its own name:

  (1) enforce all rights of the bondholders or noteholders, including the right to require the Authority to fix and collect rates, fees, and charges relating to projects or other obligations held by it adequate to carry out any agreement as to, or pledge of, the revenues of the Authority, and to require the Authority to carry out any other agreements with the holders of the bonds or notes and to perform its duties under this chapter;

  (2) enforce all rights of the bondholders or noteholders, including the right to take possession and control of the business and properties of the Authority, to operate and maintain the same, to make any necessary repairs, renewals, and replacements to them, and to fix, revise, and collect fees and charges, so as to carry out any contract as to, or pledge of revenues, and to require the Authority to carry out and perform the terms of any contract with the holders of the bonds or notes or its duties under this chapter;

  (3) bring suit upon all or any part of the bonds or notes;

  (4) by action or suit, require the Authority to account as if it were the trustee of an express trust for the holders of the bonds or notes;

  (5) by action or suit, enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the bonds or notes;

  (6) declare all bonds or notes due and payable, and, if all defaults shall be made good, then with the consent of the holders of 25 percent of the principal amount of the bonds or notes then outstanding to annul the declaration and its consequences.

  (c) The trustee shall in addition to the foregoing have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth in this chapter or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

  (d) Before declaring the principal of bonds or notes due and payable, the trustee shall first give 30 days’ notice in writing to the Governor, to the Authority, and to the Attorney General of the State.

  (e) The Superior Court shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or noteholders. (Added 1979, No. 78, § 3; amended 2023, No. 85 (Adj. Sess.), § 452, eff. July 1, 2024.)