Garden Banks Gas Pipeline, LLC
Original Volume No. 1
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Effective Date: 02/23/2006, Docket: RP06- 94-002, Status: Effective
Second Revised Sheet No. 140 Second Revised Sheet No. 140 : Effective
Superseding: First Revised Sheet No. 140
GENERAL TERMS AND CONDITIONS
34. CREDITWORTHINESS
In evaluating requests for service and for certain
other purposes under this Tariff, Transporter will
perform a credit appraisal of Shipper.
(a) Such a credit appraisal shall be performed in
accordance with the following criteria:
(1) Transporter may require Shipper to provide
current financial statements, annual
reports, 10-K or other reports to regulatory
agencies, a list of corporate affiliates,
parents or subsidiaries, or any reports from
credit reporting agencies which are
available. Transporter shall apply
consistent evaluation practices to determine
the acceptability of the Shipper's overall
financial condition, working capital, and
profitability trends.
(2) A bank reference and two trade references must
be provided by Shipper. The results of reference
checks must show that Shipper's obligations are
being paid on a reasonably prompt basis.
(3) In the event Shipper cannot provide the above
information, Shipper shall, if applicable, provide
that information for its parent company.
(4) Shipper must not be operating under any
chapter of the bankruptcy laws and must not be
subject to liquidation or debt reduction
procedures under state laws, such as an
assignment for the benefit of creditors, or
any informal creditors' committee agreement.
An exception can be made for a Shipper who
is a debtor in possession operating under
Chapter XI of the Federal Bankruptcy Act but
only with adequate assurances that billing
hereunder will be paid promptly as a cost of
administration under the federal court's
jurisdiction.
(5) Shipper must not be subject to the
uncertainty of pending litigation which
could cause a substantial deterioration in
its financial condition, which
could cause a condition of insolvency, or
which could jeopardize the ability of the
Shipper to exist as an ongoing business entity.