Carolina Gas Transmission Corporation
Original Volume No. 1
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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective
Original Sheet No. 125 Original Sheet No. 125 : Effective
(ii) Corporate or Other Acceptable Guaranty. An
irrevocable and unconditional guaranty obtained
from a Guarantor guaranteeing: (i) full and
prompt payment of all amounts payable by
Shipper, and (ii) performance by Shipper under
related Service Agreements, may provide an
acceptable form of collateral to Pipeline.
Guarantor must have, at a minimum, an
investment grade debt rating of "BBB minus" by
Standard & Poor’s or Fitch’s, or "Baa3" by
Moody’s. The guaranty must state the
identities of the "Guarantor", "Beneficiary
(Pipeline)", and "Obligor", and the
relationship between Guarantor and Shipper.
The guaranty must be duly authorized by
Guarantor, must be signed by an officer or
otherwise approved signer of Guarantor, and
must be accompanied by satisfactory
documentation that the person signing the
guaranty is duly authorized. A Shipper
supplying a guaranty must ensure that
Guarantor: (i) submits to Pipeline at least
annually a current rating agency report
promptly on its issuance, SEC Form 8-Ks
promptly on their issuance, and financial
reports if and as requested by Pipeline within
ten (10) days of such request, and (ii) informs
Pipeline in writing within ten (10) Business
Days of any material change in its financial
status. Guarantor’s failure to provide this
information may result in a determination by
Pipeline that Shipper is in default under one
(1) or more of the related Service Agreements.
If there is a material adverse change in the
financial condition of Guarantor, Pipeline may
require Shipper to provide another form of
acceptable collateral.