Kinder Morgan Illinois Pipeline LLC
Original Volume No. 1
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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective
Original Sheet No. 157 Original Sheet No. 157 : Effective
GENERAL TERMS AND CONDITIONS
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restructuring costs, and other intangible assets. Only actual
tangible assets are included in KMIP's assessment of
creditworthiness. In comparing the overall value of a Shipper's
contract to tangible net worth for credit evaluation purposes, KMIP
will compare the net present value of the demand or reservation
charge obligations under such contracts to Shipper's current
tangible net worth. If a Shipper has multiple service agreements
with KMIP, then the total potential fees and charges of all such
service agreements shall be considered in determining
creditworthiness.
(3) If Shipper does not meet the criteria
described above, then Shipper may request that KMIP evaluate its
creditworthiness based upon the level of service requested relative
to the Shipper's current and future ability to meet its obligations.
Such credit appraisal shall be based upon KMIP's evaluation of the
following information and credit criteria:
(i) S&P and Moody's opinions, watch
alerts, and rating actions and reports, rating, opinions and other
actions by Dun and Bradstreet and other credit reporting agencies
will be considered in determining creditworthiness.
(ii) Consistent financial statement
analysis will be applied by KMIP to determine the acceptability of
Shipper's current and future financial strength. Shipper's balance
sheets, income statements, cash flow statements and auditor's notes
will be analyzed along with key ratios and trends regarding
liquidity, asset management, debt management, debt coverage, capital
structure, operational efficiency and profitability.
(iii) Results of bank and trade reference
checks and credit reports must demonstrate that a Shipper is paying
its obligations in a timely manner.
(iv) 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 and there
must not be pending any petition for involuntary bankruptcy. An
exception may be made for a Shipper who is a debtor in possession
operating under Chapter XI of the Federal Bankruptcy Act if KMIP is
assured that the service billing will be paid promptly as a cost of
administration under the federal court's jurisdiction, based on a
court order in effect, and if the Shipper is continuing and
continues in the future actually to make payment.