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. 334 Original Sheet No. 334
GENERAL TERMS AND CONDITIONS
(CONTINUED)
27. CREDITWORTHINESS (continued)
27.1 General Credit Procedures (continued)
(c) For purposes of Section 27.1(b) above, the insolvency of a
Shipper shall be presumed by the filing by such Shipper or
any parent entity thereof of a voluntary petition in
bankruptcy or the entry of a decree or order by a court
having proper jurisdiction adjudging the Shipper or any
parent entity thereof bankrupt or insolvent. The
insolvency of a Shipper shall also be presumed by the
filing by the Shipper or its parent entity of a voluntary
or involuntary proceeding, reorganization, receivership,
liquidation, a debt reduction procedure, assignment for the
benefit of creditors, formal or informal creditor
restructuring agreement, or the filing of any case under
the United States Bankruptcy Code, or any other applicable
federal or state law.
(d) If any of the events or actions described in Section
27.1(c) above shall be initiated or imposed during the term
of service hereunder, Shipper shall provide notification
thereof to Transporter within two (2) Business Days of any
such initiated or imposed event or action.
27.2 Credit Requirements for long-term Shippers (contracts greater
than 1 year). Shipper shall at all times comply with one of the
following creditworthiness requirements:
(a) Shipper (or an affiliate which guarantees Shipper's
obligations under the Agreement) has an investment grade
credit rating for its long term senior unsecured debt from
Moody's Investor Service of Baa3 or better or from Standard
& Poor's of BBB- or better. A Shipper who qualifies under
this category initially but is later downgraded below such
investment grade will be required to qualify pursuant to
Section 27.2(b) below.