Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2399.10 - Additional remedies conferrable by authority(a) The authority shall have power by its resolution, trust, indenture or mortgage to confer upon any obligees holding or representing a specified percentage of bonds the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action or proceeding in a court of competent jurisdiction: (1) to obtain the appointment of a receiver of any real property or leasehold interest of the authority and of the rents and profits therefrom. If a receiver be appointed, he may enter and take possession of the real property or any leasehold interest, operate the same and collect and receive all revenues or other income thereafter arising therefrom and shall keep the money in a separate account and apply the same in accordance with the obligations of the authority as the court shall direct; or(2) to require the authority and its members to account as if it and they were the trustees of an express trust.(b) Nothing in this subdivision shall authorize a receiver appointed pursuant to this subdivision for the purpose of operating and maintaining any facilities of the authority to sell, assign, mortgage or otherwise dispose of any of the assets, of whatever kind or character, belonging to the authority. It is the intention of this subdivision to limit the powers of the receiver to the operation and maintenance of the facilities of the authority as the court shall direct, and no holder or holders of bonds of the authority nor any trustee or other obligee shall ever have the right in any suit, action or proceeding, at law or in equity, to compel a receiver, nor shall any receiver ever be authorized or court be empowered to direct the receiver, to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the authority.1955, Aug. 9, P.L. 323, No. 130, § 2399.10, added 1999, Nov. 3, P.L. 461, No. 42, § 3, imd. effective.