Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 108 Original Sheet No. 108 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
as defined in Section 31 of these General Terms and Conditions, or
if the prospective Customer satisfies PPEC's credit appraisal
criteria based on an evaluation of the material provided by
prospective Customer pursuant to this Section. If PPEC concludes
that a prospective Customer is not creditworthy, PPEC shall
provide written notice to the prospective Customer within ten (10)
days after that determination is made. If requested by the
prospective Customer, PPEC will provide a written explanation of
the basis for its determination within five (5) days of such
request. A prospective Customer may challenge PPEC's
determination by providing a written rebuttal in accordance with
Section 3.3(j)(6) of these General Terms and Conditions. PPEC
shall respond to such a rebuttal in writing within five (5)
business days in accordance with Section 3.3(j)(7). Any
reevaluation of credit by PPEC in response to such a rebuttal by a
prospective Customer shall be based on the creditworthiness
criteria set forth in this Section.
(1) Prospective Customer shall provide current audited financial
statements, annual reports, 10-K reports, interim financial
statements with attestation by the Chief Financial Officer (or
equivalent) that such statements are a true, correct and fair
representation of financial condition prepared in accordance with
Generally Accepted Accounting Principles and other filings with
regulatory agencies which discuss the prospective 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;
(2) Prospective Customer shall provide a bank reference and at
least two trade references. The results of reference checks and
any credit reports must show that the prospective Customer's
obligations are being paid on a reasonably prompt basis;
(3) Prospective Customer shall confirm in writing that it 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 prospective Customer that is a debtor in possession
operating under Chapter XI of the U.S. Bankruptcy Code but only
with adequate assurance that the service billing will be paid
promptly as a cost of administration under the bankruptcy court's
jurisdiction;
(4) Prospective Customer shall confirm in writing that it 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 exist as an ongoing business
entity;