Nautilus Pipeline Company, LLC
Original Volume No. 1
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Effective Date: 09/01/2005, Docket: RP05-498-000, Status: Effective
First Revised Sheet No. 121 First Revised Sheet No. 121 : Effective
Superseding: Original Sheet No.121
GENERAL TERMS AND CONDITIONS
10. SERVICE REQUESTS AND CONTRACTING FOR SERVICE con't
10.4 Creditworthiness
Transporter shall apply, on a non-discriminatory basis,
consistent financial evaluation standards to determine
the acceptability of a Shipper's overall financial
condition. Such credit appraisal and any further or
ongoing credit appraisal as may be necessary shall be
based mainly upon the information and criteria listed
in (a)-(e) below. Provided further, a Shipper with an
ongoing business relationship with Transporter shall
have no delinquent balances outstanding for services
made previously by Transporter, and Shipper must have
paid its account according to the established terms and
not made deductions or withheld payment for claims not
authorized by contract.
(a) Shipper shall provide current financial
statements, annual reports, 10-K reports or other
filings with regulatory agencies which discuss
Shipper's financial status; a list of all
corporate affiliates, parent companies and
subsidiaries; and any reports from credit
reporting and bond rating agencies which are
available. Transporter shall determine the
acceptability of the Shipper's overall financial
condition.
(b) Shipper shall provide a bank reference and at
least two trade references. The results of
reference checks and any credit reports submitted
pursuant to 10.4 (a) above must show that
Shipper's obligations are being paid on a
reasonably prompt basis.
(c) Shipper shall confirm in writing that Shipper is
not operating under any chapter of the bankruptcy
laws and is not 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 11 of
the Federal Bankruptcy Act but only if such
Shipper complies with Section 10.5 below.
(d) Shipper shall confirm in writing that Shipper is not aware
of any change in business conditions that would cause a
substantial deterioration in its financial condition, a condition
of insolvency, or the inability to exist as an ongoing business
entity.