Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective
Original Sheet No. 333 Original Sheet No. 333
GENERAL TERMS AND CONDITIONS
(CONTINUED)
27. CREDITWORTHINESS
27.1 General Credit Procedures
(a) Transporter shall not be required to (i) execute an
Agreement providing for service under the applicable Rate
Schedule for any Shipper who fails to meet Transporter's
standards for creditworthiness, or (ii) initiate service
for a Shipper who subsequently fails to meet Transporter's
standards for creditworthiness, or (iii) continue service
for any Shipper who is or has become insolvent or who, at
Transporter's request, fails within a reasonable period to
demonstrate creditworthiness pursuant to Transporter's
standards.
(b) To permit Transporter to conduct a creditworthiness review,
a Shipper shall, upon request by Transporter, render to
Transporter: (i) complete and current financial statements,
including annual reports, 10K reports or other filings with
regulatory agencies, prepared in accordance with generally
accepted accounting principles, or for non U.S.-based
Shippers, prepared in accordance with equivalent
principles; (ii) a list of corporate affiliates, parent
companies and subsidiaries; and (iii) any credit reports
available from credit reporting agencies. In addition to
the establishment of creditworthiness: (i) 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 such as an assignment for the
benefit of creditors, or any informal creditors' committee
agreement; (ii) Shipper should not be subject to the
uncertainty of pending liquidation or regulatory
proceedings which could cause a substantial deterioration
in its financial condition, a condition of insolvency, or
the inability of Shipper to exist as an ongoing business
entity; (iii) if Shipper has an ongoing business
relationship with Transporter, no undisputed delinquent
balances should be consistently outstanding for any
services performed previously by Transporter, and Shipper
must have paid its account in the past according to the
credit terms and contract provisions and not made
deductions or withheld payment for claims not authorized by
contract; and (iv) no significant collection, lawsuits or
judgments are outstanding which would adversely impact the
ability of Shipper to remain solvent.