American Midstream (Midla), LLC
Sixth Revised Volume No. 1
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Effective Date: 05/01/2010, Docket: RP10-483-000, Status: Effective
Original Sheet No. 181 Original Sheet No. 181
26. CREDIT EVALUATION
26.1 Pipeline's acceptance of a request for service is contingent upon Customer's
satisfying a credit appraisal by Pipeline. Pipeline shall apply, on a non-discriminatory
basis, consistent financial evaluation standards to determine the acceptability of
Customer's overall financial condition. Such credit appraisal and any further or ongoing
credit appraisal as may be necessary shall be based upon some, part or all of the
following information and criteria:
(a) Customer shall provide current financial statements, annual reports, 10-K reports or
other filings with regulatory agencies which discuss Customer's financial status; a list of
all corporate affiliates, parent companies and subsidiaries; and any reports from credit
reporting and bond rating agencies which are available.
(b) Customer shall provide a bank reference and at least two (2) trade references. The
results of reference checks and any credit reports submitted in (a) above must show that
Customer's obligations are being paid on a reasonably prompt basis.
(c) Customer shall confirm in writing that Customer is not operating under any chapter
of the bankruptcy laws and is not 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 Customer who is a
debtor in possession operating under Chapter 11 of the Federal Bankruptcy Act but only
with adequate assurance that the service billing will be paid promptly as a cost of
administration under the federal court's jurisdiction.
(d) Customer shall confirm in writing that Customer is not aware of any change in
business conditions which would cause a substantial deterioration in its financial
condition, a condition of insolvency or the inability to