Horizon Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 09/01/2005, Docket: RP05-413-000, Status: Effective
First Revised Sheet No. 157 First Revised Sheet No. 157 : Effective
Superseding: Original Sheet No. 157
GENERAL TERMS AND CONDITIONS
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13. EVALUATION OF CREDIT
13.1 In evaluating requests for service and for certain other
purposes under this Tariff, including Section 3.8 of these General
Terms and Conditions, Horizon will perform a credit appraisal of
Shipper.
(a) Such a credit appraisal shall be performed in
accordance with the following criteria:
(1) Horizon may require Shipper to provide current
financial statements, annual reports, 10-K or other reports to
regulatory agencies, a list of corporate affiliates, parents or
subsidiaries, or any reports from credit reporting agencies which are
available. Horizon shall apply consistent evaluation practices to
determine the acceptability of the Shipper's overall financial
condition, working capital, and profitability trends.
(2) A bank reference and two trade references must
be provided by Shipper. The results of reference checks must show
that Shipper's obligations are being paid on a reasonably prompt
basis.
(3) 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.
An exception can be made for a Shipper who is a debtor in possession
operating under Chapter XI of the Federal Bankruptcy Act but only
with adequate assurances that billing hereunder will be paid promptly
as a cost of administration under the federal court's jurisdiction.
(4) Shipper must not be subject to the uncertainty
of pending litigation which could cause a substantial deterioration
in its financial condition, which could cause a condition of
insolvency, or which could jeopardize the ability of the Shipper to
exist as an ongoing business entity.
(5) If Shipper has an ongoing business relationship
with Horizon or any of its affiliates, no delinquent balances may be
consistently outstanding for natural gas sales or transportation
services rendered previously to Shipper and Shipper must have paid
its account during the past according to the established terms and
not made deductions or withheld payment for claims unless authorized
by contract.