Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective
Original Sheet No. 108 Original Sheet No. 108 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
as defined in Section 31 of these General Terms and Conditions, or
if the prospective Customer satisfies BLUEWATER's credit appraisal
criteria based on an evaluation of the material provided by
prospective Customer pursuant to this Section. If BLUEWATER
concludes that a prospective Customer is not creditworthy, BLUEWATER
shall provide written notice to the prospective Customer within ten
(10) days after that determination is made. If requested by the
prospective Customer, BLUEWATER will provide a written explanation
of the basis for its determination within five (5) days of such
request. A prospective Customer may challenge BLUEWATER's
determination by providing a written rebuttal in accordance with
Section 3.3(j)(6) of these General Terms and Conditions. BLUEWATER
shall respond to such a rebuttal in writing within five (5) business
days in accordance with Section 3.3(j)(7). Any reevaluation of
credit by BLUEWATER in response to such a rebuttal by a prospective
Customer shall be based on the creditworthiness criteria set forth
in this Section.
(1) Prospective Customer shall provide current audited
financial statements, annual reports, 10-K reports,
interim financial statements with attestation by the
Chief Financial Officer (or equivalent) that such
statements are a true, correct and fair representation
of financial condition prepared in accordance with
Generally Accepted Accounting Principles and other
filings with regulatory agencies which discuss the
prospective Customer'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;
(2) Prospective Customer shall provide a bank reference and
at least two trade references. The results of reference
checks and any credit reports must show that the
prospective Customer's obligations are being paid on a
reasonably prompt basis;
(3) Prospective Customer shall confirm in writing that it
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 prospective Customer that is a debtor
in possession operating under Chapter XI of the U.S.
Bankruptcy Code but only with adequate assurance that
the service billing will be paid promptly as a cost of
administration under the bankruptcy court's
jurisdiction;
(4) Prospective Customer shall confirm in writing that
it is not aware of any change in business conditions
which would cause a substantial deterioration in its
financial condition, a condition of insolvency or the
inability to exist as an ongoing business entity;