836. Remedies of bond holders. 1. In the event that the authority shall default in the payment of the principal of or interest on any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the authority shall fail or refuse to comply with the provisions of this title, or shall default in any agreement made with the holders of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds then outstanding, by instrument or instruments filed in the office of the clerk of the county of Onondaga and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bond holders for the purposes herein provided.
2. Such trustee may, and upon written request of the holders of twenty-five per centum in principal amount of the bonds then outstanding shall, in his or its own name;
(a) by suit, action or special proceeding, enforce all rights of the bond holders, including the right to require the authority and the board to collect rentals, license fees, and other revenues adequate to carry out any agreement as to, or pledge of, such rentals and to require the authority and the board to carry out any other agreements with the bond holders and to perform its and their duties under this title;
(b) bring suit upon the bonds;
(c) by action or suit in equity, require the authority to account as if it were the trustee of an express trust for the bond holders;
(d) by action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the bond holders;
(e) declare all bonds due and payable and if any default shall be made good to annul such declaration and its consequences.
3. The supreme court shall have jurisdiction of any suit, action or proceeding by the trustee on behalf of the bond holders. The venue of any such suit, action or proceeding shall be laid in Onondaga county.
4. Before declaring the principal of all bonds due and payable the trustee shall first give thirty days' notice in writing to the authority.
5. Any such trustee, whether or not all bonds have been declared due and payable, shall be entitled as of right to the appointment of a receiver who may enter and take possession of the properties of the authority then under the jurisdiction of the authority or any part or parts thereof and operate and maintain the same and collect and receive all rentals, license fees and other revenues thereafter arising therefrom and exercise such other powers of the authority as the court may deem advisable in the same manner as the authority itself might do and shall deposit all such moneys in a separate account or accounts and apply the same in such manner as the court shall direct. In any suit, action, or proceeding by the trustee the fees, counsel fees and expenses of the trustee and of the receiver, if any, shall constitute taxable disbursements and all costs and disbursements allowed by the court shall be a first charge on any rentals and other revenues derived from the marketing facilities.
6. Such trustee shall in addition to the foregoing have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bond holders in the enforcement and protection of their rights.
Last modified: February 3, 2019