§ 32-9-144 — Remedies of security holders

Colorado § 32-9-144

• Jurisdiction: Colorado
• Title 32: Special
• Art.: Regional Transportation District Act

Text

(1) Subject to contractual
limitations binding upon the holders or owners of any issue or series of securities or
trustee therefor and subject to any prior or superior rights of others, any holder or
owner of securities or trustee therefor shall have the right and power for the equal
benefit and protection of all holders and owners of securities similarly situated:

(a) By mandamus or other suit, action, or proceeding at law or in equity to
enforce his rights against the district and its board and any of its officers, agents,
and employees, and to require and compel the district or its board or any such
officers, agents, or employees to perform and carry out their duties, obligations, or
other commitments under this article and their covenants and agreements with the
holder or owner of any security;

(b) By action or suit in equity to require the district and its board to account
as if they were the trustee of an express trust;

(c) By action or suit in equity to have appointed a receiver, which receiver
may enter and take possession of any revenues or any proceeds of taxes, or both,
pledged for the payment of the securities, prescribe sufficient fees derived
therefrom, and collect, receive, and apply all revenues or other moneys pledged for
the payment of the securities in the same manner as the district itself might do in
accordance with the obligations of the district;

(d) By action or suit in equity to enjoin any acts or things which may be
unlawful or in violation of the rights of the holder of any security and to bring suit
thereupon.

Legislative History

Source: L. 69: p. 725, � 1. C.R.S. 1963: � 89-20-45. L. 2000: (1)(c) amended, p. 309, � 11, effective April 5.