(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.