Rights and powers of holders of state securities and trustees.

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Subject to any contractual limitations binding upon the holders of any issue or series of state securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:

1. By mandamus or other suit, action or proceeding at law or in equity to enforce his or her rights against the State, the Commission, and any other of the officers, agents and employees of the State, to require and compel the State, the Commission, or any such officers, agents or employees to perform and carry out their respective duties, obligations or other commitments hereunder and their respective covenants and agreements with the holder of any security;

2. By action or suit in equity to require the State to account as if it is the trustee of an express trust;

3. By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the State itself might do in accordance with the obligations of the State; and

4. 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 securities and to bring suit thereupon.

(Added to NRS by 1967, 788)


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