Dauphin Island Gathering Partners
First Revised Volume No. 1
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Effective Date: 03/16/1999, Docket: CP98- 6-003, Status: Effective
Original Sheet No. 34 Original Sheet No. 34 : Effective
(ii) A copy of Shipper's most recent audited financial statement certified
by the Chief Financial Officer or Chief Accounting Officer of the
Shipper (which certificate shall state that such financial statement fairly
represents the financial condition and results of operations of the
Shipper for the period indicated therein) prepared in accordance with
generally accepted accounting principles; and in all cases,
(iii) A list of Shipper's affiliates, including parent and subsidiaries, if
applicable.
(b) In the event Shipper cannot provide the information in Subsection 6.3(a) above,
Shipper shall, if applicable, provide that information for its parent company.
Transporter shall not be required to perform or to continue service under Rate
Schedule FT-2 (MP) on behalf of any Shipper who is or has become insolvent or
who, at Transporter's request, fails within a reasonable period to demonstrate
credit worthiness; provided, however, such Shipper may receive service under
Rate Schedule FT-2 (MP) if Shipper prepays for such service or furnishes good
and sufficient security, as determined by Transporter in its reasonable discretion,
in an amount equal to the cost of performing the service requested by Shipper
for a three month period. For purposes herein, the insolvency of a Shipper shall
be conclusively demonstrated by the filing by Shipper or any parent entity
thereof (hereinafter collectively referred to in this Subsection 6.3(b) as "the
Shipper") of a voluntary petition in bankruptcy or the entry of a decree or order
by a court having jurisdiction in the premises adjudging the Shipper bankrupt or
insolvent, or approving, as properly filed, a petition seeking reorganization,
arrangement, adjustment or composition of or in respect of the Shipper under the
Federal Bankruptcy Code or any other applicable federal or state law, or
appointing a receiver, liquidator, assignee, trustee, sequestrator (or other similar
official) of the Shipper or of any substantial part of its property, or the ordering
of the winding-up or liquidation of its affairs, with said order or decree
continuing unstayed and in effect for a period of sixty (60) consecutive days.