LegalFix

Section 404 - Obligee rights -- Board may confer other rights.

UT Code § 63H-2-404 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) In addition to a right that is conferred on an obligee of an authority bond under this chapter and subject to contractual restrictions binding on the obligee, an obligee may: (a) by mandamus, suit, action, or other proceeding: (i) compel the authority and its board, officers, agents, or employees to perform every term, provision, and covenant contained in a contract of the authority with or for the benefit of the obligee; and (ii) require the authority to carry out the covenants and agreements of the authority and to fulfill the duties imposed on the authority by this part; and (b) by suit, action, or proceeding in equity, enjoin an act or things that may be unlawful or violate the rights of the obligee.

(a) by mandamus, suit, action, or other proceeding: (i) compel the authority and its board, officers, agents, or employees to perform every term, provision, and covenant contained in a contract of the authority with or for the benefit of the obligee; and (ii) require the authority to carry out the covenants and agreements of the authority and to fulfill the duties imposed on the authority by this part; and

(i) compel the authority and its board, officers, agents, or employees to perform every term, provision, and covenant contained in a contract of the authority with or for the benefit of the obligee; and

(ii) require the authority to carry out the covenants and agreements of the authority and to fulfill the duties imposed on the authority by this part; and

(b) by suit, action, or proceeding in equity, enjoin an act or things that may be unlawful or violate the rights of the obligee.

(2) (a) In a resolution authorizing the issuance of an authority bond or in a trust indenture, mortgage, lease, or other contract, the board may confer upon an obligee holding or representing a specified amount in an authority bond, a right described in Subsection (2)(b): (i) to accrue upon the happening of an event or default prescribed in the resolution, indenture, mortgage, lease, or other contract; and (ii) to be exercised by suit, action, or proceeding in a court of competent jurisdiction. (b) (i) A right that the board may confer under Subsection (2)(a) is a right to: (A) cause possession of all or part of a qualifying energy delivery project to be surrendered to an obligee; (B) obtain the appointment of a receiver of all or part of: (I) a qualifying energy delivery project; and (II) the rents and profits from a qualifying energy delivery project; and (C) require the authority, its board, and its employees to account as if the authority, board, and employees were the trustees of an express trust. (ii) If a receiver is appointed through the exercise of a right granted under Subsection (2)(b)(i)(B), the receiver: (A) may: (I) enter and take possession of a qualifying energy delivery project or any part of the qualifying energy delivery project; (II) operate and maintain the qualifying energy delivery project; and (III) collect and receive the fees, rents, revenues, or other charges arising from the qualifying energy delivery project after the receiver's appointment; and (B) shall: (I) keep money collected as receiver for the authority in one or more separate accounts; and (II) apply the money collected as receiver pursuant to the authority obligations as the court directs.

(a) In a resolution authorizing the issuance of an authority bond or in a trust indenture, mortgage, lease, or other contract, the board may confer upon an obligee holding or representing a specified amount in an authority bond, a right described in Subsection (2)(b): (i) to accrue upon the happening of an event or default prescribed in the resolution, indenture, mortgage, lease, or other contract; and (ii) to be exercised by suit, action, or proceeding in a court of competent jurisdiction.

(i) to accrue upon the happening of an event or default prescribed in the resolution, indenture, mortgage, lease, or other contract; and

(ii) to be exercised by suit, action, or proceeding in a court of competent jurisdiction.

(b) (i) A right that the board may confer under Subsection (2)(a) is a right to: (A) cause possession of all or part of a qualifying energy delivery project to be surrendered to an obligee; (B) obtain the appointment of a receiver of all or part of: (I) a qualifying energy delivery project; and (II) the rents and profits from a qualifying energy delivery project; and (C) require the authority, its board, and its employees to account as if the authority, board, and employees were the trustees of an express trust. (ii) If a receiver is appointed through the exercise of a right granted under Subsection (2)(b)(i)(B), the receiver: (A) may: (I) enter and take possession of a qualifying energy delivery project or any part of the qualifying energy delivery project; (II) operate and maintain the qualifying energy delivery project; and (III) collect and receive the fees, rents, revenues, or other charges arising from the qualifying energy delivery project after the receiver's appointment; and (B) shall: (I) keep money collected as receiver for the authority in one or more separate accounts; and (II) apply the money collected as receiver pursuant to the authority obligations as the court directs.

(i) A right that the board may confer under Subsection (2)(a) is a right to: (A) cause possession of all or part of a qualifying energy delivery project to be surrendered to an obligee; (B) obtain the appointment of a receiver of all or part of: (I) a qualifying energy delivery project; and (II) the rents and profits from a qualifying energy delivery project; and (C) require the authority, its board, and its employees to account as if the authority, board, and employees were the trustees of an express trust.

(A) cause possession of all or part of a qualifying energy delivery project to be surrendered to an obligee;

(B) obtain the appointment of a receiver of all or part of: (I) a qualifying energy delivery project; and (II) the rents and profits from a qualifying energy delivery project; and

(I) a qualifying energy delivery project; and

(II) the rents and profits from a qualifying energy delivery project; and

(C) require the authority, its board, and its employees to account as if the authority, board, and employees were the trustees of an express trust.

(ii) If a receiver is appointed through the exercise of a right granted under Subsection (2)(b)(i)(B), the receiver: (A) may: (I) enter and take possession of a qualifying energy delivery project or any part of the qualifying energy delivery project; (II) operate and maintain the qualifying energy delivery project; and (III) collect and receive the fees, rents, revenues, or other charges arising from the qualifying energy delivery project after the receiver's appointment; and (B) shall: (I) keep money collected as receiver for the authority in one or more separate accounts; and (II) apply the money collected as receiver pursuant to the authority obligations as the court directs.

(A) may: (I) enter and take possession of a qualifying energy delivery project or any part of the qualifying energy delivery project; (II) operate and maintain the qualifying energy delivery project; and (III) collect and receive the fees, rents, revenues, or other charges arising from the qualifying energy delivery project after the receiver's appointment; and

(I) enter and take possession of a qualifying energy delivery project or any part of the qualifying energy delivery project;

(II) operate and maintain the qualifying energy delivery project; and

(III) collect and receive the fees, rents, revenues, or other charges arising from the qualifying energy delivery project after the receiver's appointment; and

(B) shall: (I) keep money collected as receiver for the authority in one or more separate accounts; and (II) apply the money collected as receiver pursuant to the authority obligations as the court directs.

(I) keep money collected as receiver for the authority in one or more separate accounts; and

(II) apply the money collected as receiver pursuant to the authority obligations as the court directs.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 404 - Obligee rights -- Board may confer other rights.