§ 14-238-118 - Receiver. - Arkansas Statutes

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Statutes > Arkansas > Title-14 > Subtitle-14 > Chapter-238 > 14-238-118

14-238-118. Receiver.

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the waterworks facilities and/or wastewater facilities projects upon or in which there is a mortgage lien or security interest securing the bonds in default.

(2) The receiver shall have the power and authority to:

(A) Operate and maintain the waterworks facilities project in receivership;

(B) Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and

(C) Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default.

(3) When the default has been cured, the receivership shall be ended and the project returned to the board.

(b) The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds.

State Codes and Statutes

Statutes > Arkansas > Title-14 > Subtitle-14 > Chapter-238 > 14-238-118

14-238-118. Receiver.

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the waterworks facilities and/or wastewater facilities projects upon or in which there is a mortgage lien or security interest securing the bonds in default.

(2) The receiver shall have the power and authority to:

(A) Operate and maintain the waterworks facilities project in receivership;

(B) Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and

(C) Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default.

(3) When the default has been cured, the receivership shall be ended and the project returned to the board.

(b) The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds.

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State Codes and Statutes

Statutes > Arkansas > Title-14 > Subtitle-14 > Chapter-238 > 14-238-118

14-238-118. Receiver.

(a) (1) In the event of a default in the payment of the principal of or interest on any bonds issued under the provisions of this chapter, any court having jurisdiction may appoint a receiver to take charge of the waterworks facilities and/or wastewater facilities projects upon or in which there is a mortgage lien or security interest securing the bonds in default.

(2) The receiver shall have the power and authority to:

(A) Operate and maintain the waterworks facilities project in receivership;

(B) Charge and collect payments, fees, rents, and charges sufficient to provide for the payment of any costs of receivership and operating expenses of the project in receivership; and

(C) Apply the revenues derived from the project in receivership in conformity with this chapter and the resolution or trust indenture securing the bonds in default.

(3) When the default has been cured, the receivership shall be ended and the project returned to the board.

(b) The relief provided for in this section shall be construed to be in addition and supplemental to the other remedies provided for in this chapter and the remedies that may be provided for in the resolution or trust indenture authorizing or securing the bonds, and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and mortgage lien on or security interest in projects as specified in and fixed by the resolution or trust indenture authorizing or securing successive issues of bonds.