Section 195-F:16 Waiver of Defenses; Rights of Holders. - New Hampshire Statutes

Upon the sale and issuance of any educational institution bonds to the bank by any educational institution, such educational institution shall be held and be deemed to have agreed that in the event of the failure of such educational institution to pay the interest on or the principal of any of such educational institution bonds owned or held by the bank as and when due and payable, such educational institution shall have waived all and any defenses to nonpayment, the bank shall thereupon constitute a holder or owner of such educational institution bonds as being in default, and that notwithstanding the provisions of any other law as to time or duration of default or percentage of holders or owners of bonds entitled to exercise rights of such holders or owners of bonds in default, or to invoke any remedies or powers thereof or of any trustee in connection therewith or of any board, body, agency or commission of the state having jurisdiction in such matter or circumstance, the bank may then and thereupon avail itself of all other remedies, rights and provisions of law applicable in such circumstance, and that the failure to exercise or exert any such rights or remedies within any time or period provided by law shall not be raised as a defense by such educational institution, and that all of the bonds of the issue of bonds of such educational institution as to which there has been such nonpayment shall for all of the purposes of this section be held and be deemed to have become due and payable and to be unpaid. The bank is hereby authorized and empowered to carry out the provisions of this section and to exercise all of the rights and remedies and provisions of law herein provided or referred to.

Source. 1982, 5:1, eff. Feb. 19, 1982.