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Session Laws, 1971
Volume 707, Page 71   View pdf image
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Marvin Mandel, Governor                             71

therein shall be conclusive against all persons whomsoever and
against each of the signatories.

13.16.    Recording.No indenture need be recorded or filed in any
public office, other than the office of the Commission. The pledge of
revenues provided in any indenture shall take effect forthwith as
provided therein and irrespective of the date of receipt of such rev-
enues by the Commission or the indenture trustee. Such pledge shall
be effective as provided in the indenture without physical delivery of
the revenues to the Commission or to the indenture trustee.

13.17.    Pledged Revenues.Bond redemption and interest pay-
ments shall, to the extent provided in the resolution or indenture,
constitute a first, direct and exclusive charge and lien on all such
rates, rents, tolls, fees, and charges and other revenues and any
accrued interest thereon received from the use and operation of the
facility, and on any sinking or other funds created therefrom,. All
such rates, rents, tolls, fees, charges and other revenues, together
with any accrued interest thereon, shall constitute a trust fund for
the security and payment of such bonds, and except as and to the
extent provided in the indenture with respect to the payment there-
from of expenses for other purposes including administration, oper-
ation, maintenance, improvements, or extensions of the facilities or
other purposes, shall not be used or pledged for any other purpose
so long as such bonds, or any of them, are outstanding and unpaid.

13.18.    Remedies.The holder of any bond may for the equal
benefit and protection of all holders of bonds similarly situated: (a)
by mandamus or other appropriate proceedings require and compel
the performance of any of the duties imposed upon the Commission
or assumed by it, its officers, agents or employees under the pro-
visions of any indenture, in connection with the acquisition, con-
struction, operation, maintenance, repair, reconstruction, or insur-
ance of the facilities, or in connection with the collection, deposit,
investment, application and disbursement of the rates, rents, tolls,
fees, charges, and other revenues derived from the operation and
use of the facilities, or in connection with the deposit, investment
and disbursement of the proceeds received from the sale of bonds;
or (b) by action or suit in a court of competent jurisdiction of any
signatory require the Commission to account as if it were the trustee
of an express trust, or enjoin any acts or things which may be un-
lawful or in violation of the rights of the holders of the bonds. The
enumeration of such rights and remedies, however, does not ex-
clude the exercise or prosecution of any other rights or remedies
available to the holders of bonds.

13.19.    Sales and Guarantees by Signatories and Other Govern-
mental Agencies.
The Commission may deliver to any signatory or
other governmental agency the bonds of the Commission which may
be sold on behalf of the Commission with or without the guar-
antee of such signatory or other governmental agency subject to, and
in accordance with, the constitution and laws governing such signa-
tory or other governmental agency. Any signatory or other govern-
mental agency owning bonds of the Commission may sell such bonds
with or without the guarantee of such signatory or other govern-
mental agency subject to, and in accordance with, the constitution
and laws governing such signatory or other governmental agency.


 

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Session Laws, 1971
Volume 707, Page 71   View pdf image
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