§ 10089.21
391 words·~2 min read·
/ca/insurance-code/10089-21A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The authority is a public instrumentality of the State of California and the exercise of its powers is an essential state governmental function. No provision of law, including, but not limited to, subdivision
(h)of Section 10089.7 and subdivision
(e)of Section 10089.22, shall be construed to affect the status of the authority as a public instrumentality of the State of California. Notwithstanding any other provision of law, the authority is not and shall never be authorized to become a debtor in a case under the United States Bankruptcy Code (Title 11 of the United States Code) or to make an assignment for the benefit of creditors or to become the subject of any similar case or proceeding, nor is the authority subject to Article 14 (commencing with Section 1010) and Article 14.3 (commencing with Section 1064.1) of Chapter 1 of Part 2 of Division 1. Notwithstanding any other provision of law, the commissioner shall not, directly or indirectly, when exercising the power and authority contained or referred to in or arising from Section 10089.6, paragraph
(5)of subdivision
(e)of Section 10089.7, Section 10089.12, subdivision
(e)of Section 10089.22, subdivision
(b)of Section 10089.35, or any other statute, rule, or regulation, impede or in any manner interfere with, but shall affirmatively take all necessary steps to effect, and no person acting under subdivision
(c)of Section 10089.11, or any other provision of law or principle of equity shall be permitted in any way to impede or in any manner interfere with:
(a)the full and timely payment of principal, interest, and premiums on revenue bonds of the authority and amounts due those bond insurers and providers of credit support and letters of credit; and
(b)any pledge or assignment of revenues as security for those payments or amounts due, and the full and timely application of those pledged or assigned revenues to those payments and amounts due, in each or either case,
(a)or (b), as and when due in accordance with and subject to the limitations contained in Section 10089.22 and the terms of the constituent instruments defining the rights of the holders of the bonds and the providers of bond insurance, credit support, and letters of credit.
Division 3.6 (commencing with Section 810) of Title 1 of the Government Code shall not apply to acts of the authority.