UGI LNG, Inc
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 06/01/2009, Docket: RP09-365-000, Status: Effective
Original Sheet No. 65 Original Sheet No. 65
(a) Current financial statements (to include a balance sheet,
income statement and statement of cash flow), annual reports,
10-K reports or other filings with regulatory agencies, a list
of all corporate affiliates, parent companies and subsidiaries
and any reports from credit agencies which are available. If
audited financial statements are not available, then Customer
also should provide an attestation by its chief financial
officer that the information shown in the unaudited statements
is true, correct and a fair representation of Customer's
financial condition;
(b) A bank reference and at least three trade references;
(c) A written attestation from Customer that it is not operating
under any chapter of the bankruptcy laws and must not be subject
to liquidation or debt reduction procedures under state laws, such
as an assignment for the benefit of creditors, or any informal
creditor's committee agreement. An exception can be made for a
Customer who is a debtor in possession operating under Chapter XI
of the Federal Bankruptcy Act but only with adequate assurances
that the transportation billing will be paid promptly as cost of
administration under the federal court's jurisdiction;
(d) A written attestation from Customer that it is not subject
to the uncertainty of pending liquidation or regulatory
proceedings in state or federal courts which could cause a
substantial deterioration in its financial condition, which
could cause a condition of insolvency, or the ability to exist
as an ongoing business entity; and
(e) A written attestation from Customer that no significant
collection lawsuits or judgments are outstanding which would
seriously reflect upon the business entity's ability to remain solvent.
19.2 (a) If Customer has an ongoing business relationship with Company,
no uncontested delinquent balances should be outstanding
for bills previously rendered by Company and Customer must have
paid its account during the past according to the established terms
and not made deductions or withheld payment for claims not authorized
by contract.
(b) Customer shall furnish Company at least annually, and at such
other time as is requested by Company, updated credit information
as specified in Section 19.1 for the purpose of enabling Company
to perform an updated credit appraisal. In addition, Company
reserves the right to request such information at any time if
Company is not reasonably satisfied with Customer's credit
worthiness or ability to pay based on information available to
Company at that time.