P.R. Laws tit. 23, § 532

2019-02-20 00:00:00+00
§ 532. Actions by bondholders

(a) Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any bondholder, or trustee therefor, shall have the right and power, for the equal benefit and protection of all bondholders similarly situated:

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

(2) by action or suit in equity to require the Board of Commissioners and the Port Commission to account as if they were the trustees of an express trust;

(3) by action or suit in equity to 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 conferred by this chapter upon any bondholder, or any trustee therefor, is intended to be exclusive of any other remedy, and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or any other law. No waiver of any default or breach of duty or contract, whether by any bondholder, or any trustee therefor, shall extend to or shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any bondholder or any trustee therefor to exercise any right or power accruing upon default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the bondholders may be enforced or exercised from time to time and as often as may be deemed expedient. In case any suit, action, or proceeding to enforce any right or exercise any remedy shall be brought or taken and then discontinued or abandoned, or shall be determined adversely to the bondholder, or any trustee therefor, then and in every such case the Port Commission and such bondholder, or such trustee, shall be restored to their former positions and rights and remedies as if no such suit, action, or proceeding had been brought or taken.

History —June 25, 1958, No. 93, p. 202, § 11.