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. 159 Original Sheet No. 159 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
31. CREDITWORTHINESS - FINANCIAL ASSURANCES
31.1 "Acceptable Credit Rating" means a Credit Rating no
lower than BBB- from Standard and Poor's Corporation or Baa3 from
Moody's Investor Services, Inc.
31.2 "Credit Rating" means the rating given to Customer's
unsecured long term debt by Standard and Poor's Corporation or
Moody's Investor Services, Inc.
31.3 "Material Adverse Change" means the failure of
Customer at any time to satisfy the requirements pertaining to
creditworthiness set forth in Section 3.3, to maintain an
Acceptable Credit Rating or to maintain or reinstate one of the
forms of Financial Assurances specified in Section 31.7 within
five (5) days after written notice from PPEC.
31.4 "Financial Assurances" means one or more of the
forms of security set forth in Sections 31.7(a), 31.7(b), 31.7(c)
and 31.7(d), in accordance with and in an amount as set forth in
Section 31.7.
31.5 If Customer suffers a Material Adverse Change, then
Customer shall provide PPEC with one or more of the forms of
Financial Assurances as set forth in this Section 31. Customer
shall provide such Financial Assurances within five (5) Business
Days of written notice from PPEC in an amount equal to one month
of firm service reservation charges, one month of Interruptible
service charges calculated on a one hundred percent load factor
basis and/or the market value of Customer's loaned gas, each
determined in the manner described in Section 31.7 below, as
applicable. Customer shall fully comply with Financial Assurances
provisions of Section 31.7 of these General Terms and Conditions
within 30 days of written notice from PPEC.
31.6 If prior to initiation of service Customer does not
have an Acceptable Credit Rating, then, as a condition of PPEC
initiating service, Customer shall provide PPEC with one or more
of the forms of Financial Assurances provided in this Section 31.
31.7 A Customer that does not have, or at any time fails
to maintain, an Acceptable Credit Rating shall provide to PPEC, to
secure its obligation to PPEC pursuant to each of Customer's
Storage Service Agreements, one or more of the following forms of
Financial Assurances:
(a) An irrevocable Letter of Credit, subject to the
following:
(1) each Letter of Credit shall be in effect for the
lesser of one (1) year or for the Term of the
transaction plus 120 days. If the Term of the
transaction plus 120 days is greater than one (1)
year, Customer shall ensure that its obligation
to PPEC is secured continuously, and accordingly
shall provide PPEC with