Hardy Storage Company, LLC
Original Volume No. 1
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Effective Date: 07/06/2007, Docket: RP07-480-000, Status: Effective
Original Sheet No. 93A Original Sheet No. 93A : Effective
GENERAL TERMS AND CONDITIONS (Cont’d)
(3) A Customer will be deemed creditworthy if:
(i) its long-term unsecured debt securities
are rated at least BBB by Standard & Poor’s
Corporation (“S&P”) or Baa2 by Moody’s Investor
Service (“Moody’s); and
(ii) Customer’s short-term and long-term
outlook opinion is Stable or Positive from S&P or
Moody’s; and
(iii) the net present value of the sum of
reservation fees, utilization fees, and any other
associated fee for the contract term is less than 3%
of Customer’s tangible net worth. As used herein,
“tangible net worth” shall be the sum of the capital
stock, paid-in capital in excess of par or stated
value, and other free and clear equity reserve
accounts less goodwill, patents, unamortized loan
costs or restructuring costs and other intangible
assets. If Customer is rated by multiple agencies,
the lower rating applies. A Customer that is not
rated by S&P or Moody’s may use its parent’s rating
if a guarantee acceptable to Seller is provided. If
the Customer has multiple Service Agreements with
Seller, then the total of all those Service
Agreements shall be considered in determining
creditworthiness.
Seller reserves the right to determine in its reasonable discretion
that a Customer who requests new service is not creditworthy to receive
that service on the basis that Customer has outstanding payments due on
invoices rendered by Seller on current or past Service Agreements and
Customer has defaulted on those payments per the terms of the General
Terms and Conditions; provided, however, this provision shall not
affect amounts disputed by Customer in good faith. This Section shall
apply solely to the Customer that is the contract holder.
(4) If Customer does not meet the criteria
described above, then Customer may have the Seller evaluate its
creditworthiness based upon the level of service requested. That
credit appraisal shall be based upon Seller’s evaluation of the
following information and credit criteria:
(i) S&P and Moody’s opinions, watch alerts
and rating actions will be considered in determining
creditworthiness.