Gulfstream Natural Gas System, L.L.C.
Original Volume No. 1
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Effective Date: 05/21/2002, Docket: CP00- 6-004, Status: Effective
Original Sheet No. 194 Original Sheet No. 194 : Effective
GENERAL TERMS AND CONDITIONS
(CONTINUED)
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.
(c) For purposes of 28.1(b), 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
28.1(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.
28.2 Credit Requirements for long-term Shippers (contracts
greater than 1 year). Shipper shall at all times comply
with one of the following credit worthiness 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 under
another category below.