Laserfiche WebLink
5/6774 <br /> <br />such specified matters has been given, no bondholder or holder of any interest coupon, whether attached <br />to a bond or detached therefrom, shall have any right or interest to object to such action or in any <br />manner to question the propriety thereof or to enjoin or restrain the City or any officer thereof <br />from taking any action pursuant thereto. <br /> <br /> Bondholders may consent by affirmative vote at a bondholders' meeting or may consent in writing <br />withom a meeting, all as hereinafter provided. <br /> <br /> No such amendment, waiver or modification shall be made which will permit (a) a change in <br />the maturity or term of redemption of the principal of any bond or any installment of interest thereon; <br />(b) a reduction in the principal amount of or redemption price or redemption premium or rate of <br />interest upon any bond without the consent of the holder of such bond; or (c) a reduction of the <br />percentage of the principal amount of bonds the vote or consent of which is required to effect any <br />such amendment. <br /> <br /> (a) Calling Bondholders' Meeting. If the City shall desire to obtain any such consent it may call <br />a meeting of bondholders, by resolution, for the purpose of considering the action, the consent to which <br />is desired. <br /> <br /> (b) Notice of Meeting. Notice specifying the purpose, place, date and hour of such meeting <br />shall be published once in a financial newspaper or journal of national circulation published in the City <br />of New York, New York, not less than sixty (60) days and not more than ninety (90) days prior to the <br />date fixed for the meeting. Such notice shall set forth the nature of the proposed action, consent to <br />which is desired. If any of the bonds shall be so registered as to be payable otherwise than to bearer, <br />the Clerk shall, on or before the first publication of such notice, mail a similar notice, postage prepaid, <br />to the respective registered owners thereof at their addresses appearing on the bond registry books. The <br />place, date and hour of holding such meeting and the date or dates of publishing and mailing such notice <br />shall be determined by the City, in its discretion. <br /> <br /> The actual receipt by any bondholder of notice of any such meeting shall not be a condition precedent <br />to the holding of such meeting, and failure to receive such notice shall not affect the validity of the <br />proceedings thereat. A certificate by the Clerk, approved by resolution of the City Council, that the <br />meeting has been called and that notice thereof has been given as herein provided shall be conclusive <br />as against all parties and it shall not be open to any bondholder to show that he failed to receive notice <br />of such meeting. <br /> <br /> (c) Voting Qualifications. Any bondholder may, prior to any such meeting, deliver his bond or <br />bonds to any agency designated by the City for that purpose, and shall thereupon be entitled to receive <br />an appropriate receipt for the bond or bonds so deposited, calling for the redelivery of such bond or bonds <br />at any time after the meeting. The Clerk shall prepare and deliver to the chairman of the meeting a list <br />of the names and addresses of the registered owners of bonds, with a statement of the maturities and serial <br />numbers of the bonds held and deposited by each of such bondholders, and no bondholder shall be <br />entitled to vote at such meeting unless his name appears upon such list or unless he shall present his <br />bond or bonds at the meeting or a certificate of deposit thereof, satisfactory to the City, executed by a <br />bank or trust company, No bondholder shall be permitted to vote with respect to a larger aggregate <br />principal amount of bonds than is set against his name on such list, unless he shall produce the bonds <br />upon which he desires to vote, or a certificate of deposit thereof as above provided. <br /> <br /> (d) Issuer-owned Bonds. The City covenants that it will present at the meeting a certificate, signed <br />and verified by one member of the City Council and by the Director of Finance stating the maturities <br />and serial numbers of all bonds owned by, or held for account of the City, directly or indirectly. No person <br />shall be permitted at the meeting to vote or consent with respect to any bond appearing upon such <br />certificate, or any bond which it shall be established at or prior to the meeting is owned by the City, <br /> <br />14 <br /> <br /> <br />