Title 46, Chapter 4, Section 117
( 46-4-117)
(a) If the authority defaults on the payment of the principal or
interest on any of the revenue bonds after the same become due,
whether at maturity or upon call for redemption, and such default
continues for a period of 30 days, or if the authority or its
officers, agents, or employees fail or refuse to comply with the
essential provisions of this article or default in any material
respect on any agreement made with the holders of the revenue bonds,
any holders of revenue bonds or a trustee therefor shall have the
right to apply in an appropriate judicial proceeding to the Superior
Court of Fulton County for the appointment of a receiver of the
undertaking, regardless of whether all revenue bonds have been
declared due and payable, and regardless of whether such holder or
trustee therefor is seeking or has sought to enforce any other right
or exercise any remedy in connection with such revenue bonds. Upon
such application, the court, if it deems such action necessary for
the protection of the bondholders, may appoint a receiver for the
undertaking, provided that such appointment shall be mandatory if
the application is made by the holders of 25 percent in principal
amount of such revenue bonds then outstanding, or by any trustee for
holders of such revenue bonds in such principal amount. (b) A receiver appointed pursuant to subsection (a) of this Code
section shall forthwith, directly or by his agents and attorneys,
enter into and upon and take possession of the project or of such
portion thereof or interest therein as is owned by the authority.
If the court so directs, the receiver may wholly exclude from the
project the authority, its officers, agents, and employees, and all
persons claiming under them. Upon taking possession of the project,
the receiver shall have, hold, use, operate, manage, and control the
same and each and every part thereof and, in the name of the
authority or otherwise, as the receiver may deem best, shall
exercise all of the rights and powers of the authority with respect
to the undertaking as the authority itself might do. The receiver
shall maintain, restore, insure, and keep insured the project or
such portion or interest therein as is owned by the authority; from
time to time shall make all such necessary or proper repairs as the
receiver may deem expedient; shall establish and maintain rates and
collect such fees, tolls, and other charges in connection with the
project as the receiver may deem necessary or proper and reasonable;
and shall collect and receive all revenues, shall deposit the same
in a separate account, and shall apply such revenues so collected
and received in such manner as the court shall direct, provided that
the duties of the receiver as described in this subsection shall be
performed in a manner consistent with any and all existing
contractual arrangements to which the authority may be a party; and
the powers of the receiver shall be no greater than the powers of
the authority. (c) Whenever all amounts due upon the revenue bonds and interest
thereon have been cured and made good; and whenever a similar cure
and making good has been effected in regard to any other notes,
bonds, or other obligations, and interest thereon, which constitute
a charge, lien, or encumbrance on the revenues of the project under
any of the terms of any covenants or agreements with holders of
revenue bonds; then, if it appears to the court that no default is
imminent, the court shall direct the receiver to surrender
possession of the project to the authority, provided that the same
right of the holders of the revenue bonds to secure the appointment
of a receiver as is provided in subsection (a) of this Code section
shall exist upon any subsequent default. (d) A receiver shall, in the performance of the powers conferred
upon him by this Code section, act under the direction and
supervision of the court making such appointment, shall at all times
be subject to the orders and decrees of such court, and may be
removed thereby. Nothing contained in this Code section shall limit
or restrict the jurisdiction of such court to enter such other and
further orders and decrees as the court may deem necessary or
appropriate for the exercise by the receiver of any functions
specifically set forth in this Code section. |