P.R. Laws tit. 28, § 91s

2019-02-20 00:00:00+00
§ 91s. Remedies of bondholders

(a) Any bondholder or trustee therefor, subject to any contractual limitations binding upon the holders of any bond issue, or trustees therefor, including, but without limitation to, the restriction of a specific proportion or percentage of such holders to exercise any remedy, shall have the right and power, for the equal benefit and protection of all bondholders in a similar situation, to:

(1) By mandamus or other suit, action, or proceeding at law or in equity, enforce his rights against the Corporation and its Board, officers, agents and employees to perform and carry out their duties and obligations under this chapter, as well as their covenants and agreements with the bondholders;

(2) by action or suit in equity, require the Corporation and its Board to account as if they were the trustee of an express trust;

(3) by action or suit in equity, enjoin any acts 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 granted hereunder to any bondholder or 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 granted by this chapter or any other act. No waiver of any violation or nonperformance of duties or contracts, whether by any bondholder or trustee therefor, shall cover or affect any subsequent default or nonperformance of duties or contracts or shall impair any rights or remedies thereon. No delay or omission on the part of any bondholder or trustee therefor in exercising any right or power he may have in case of any default shall impair such right or power nor shall it be construed to be an acquiescence or consent to any such default. Every substantive right and every remedy conferred upon bondholders may be enforced or exercised from time to time and as many times as may be deemed convenient. In case any suit, action or proceeding to enforce any right or exercise any remedy is brought or taken and then discontinued or abandoned, or determined against the bondholder, or the trustee therefor, then, in every such case the Corporation and said bondholder or trustee shall be restored to their former positions, rights and remedies as if no such suit, action, or proceeding had been brought or taken.

History —July 2, 1975, No. 145, p. 433, § 20.