Panhandle Eastern Pipe Line Company, LP
THIRD REVISED VOLUME NO. 1
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Effective Date: 06/30/2004, Docket: RP04-321-000, Status: Effective
Original Sheet No. 220 Original Sheet No. 220 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
(c) Shipper shall confirm in writing that it is not
operating under any chapter of the bankruptcy laws
and is not subject to litigation 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 assurance that the service
billing shall be paid promptly as a cost of
administration under the Federal Court's
jurisdiction.
(d) Shipper shall confirm in writing that it is not
subject to any uncertainty in any pending liquidation
or regulatory proceedings in state or Federal courts
or is not aware of any change in business conditions
which could cause a substantial deterioration in its
financial condition, a condition of insolvency or the
inability to exist as an on-going business entity.
(e) If Shipper has an on-going business relationship with
Panhandle, no delinquent balances should be
outstanding for services provided previously by
Panhandle and Shipper must have paid its account
balances according to the established terms and not
made deductions or withheld payment for claims not
authorized by contract.
(f) Shipper shall confirm in writing that no significant
collection lawsuits or judgments are outstanding
which would seriously reflect upon the business
entity's ability to remain solvent.
6.3 Upon notification by Panhandle that Shipper has failed to
satisfy the credit criteria, or subsequently during the
term of the Service Agreement no longer satisfies the
credit criteria such Shipper may still obtain credit
approval by Panhandle if it elects to provide one of the
following: (a) an advance deposit; (b) a Standby