Freebird Gas Storage, L.L.C.
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 10/01/2008, Docket: RP08-304-000, Status: Effective
Original Sheet No. 112 Original Sheet No. 112 : Suspended
Such credit appraisal shall consist of Freebird’s
evaluation of the overall financial condition of Potential Shipper or
Shipper’s Credit Support Provider, if applicable, based on the following
information and credit criteria:
(1) Potential Shipper (or Credit Support Provider, if applicable) shall
provide current financial statements, annual reports, 10-K reports or other
filings with regulatory agencies which discuss the Potential Shipper’s (or
Credit Support Provider’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) Potential Shipper (or Credit Support Provider, if applicable) shall
provide a bank reference and at least two trade references. The results of
reference checks and any credit reports submitted must show that Shipper’s
obligations are being paid on a reasonably prompt
basis;
(3) Potential Shipper (or Credit Support Provider, if applicable) 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
Potential 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 will be paid promptly as a cost of administration under the Federal
Court’s jurisdiction;
(4) Potential Shipper (or Credit Support Provider, if applicable) 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; and
(5) Potential Shipper (or Credit Support Provider, if applicable) 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.
(i) In the event Potential Shipper cannot provide the information in Section
3.5(h) above, it shall, if applicable, cause its parent company to provide
such information.
(j) Freebird shall not be required to perform or to continue service under
any Rate Schedule on behalf of any Shipper or Potential Shipper which is or has
become insolvent, or which, at Freebird’s request, fails within a reasonable
period to demonstrate creditworthiness in accordance with this Section 3.4;
provided, however, that such Shipper or Potential Shipper may receive service
under any Rate Schedule if such party provides performance assurance
("Performance Assurance") in one of the following forms: cash collateral (in
U.S. dollars) for such service, a standby irrevocable letter of credit issued
by a Qualified Institution, or a guarantee (acceptable to Freebird) by a
Credit Support Provider that satisfies the credit requirements of Freebird, or
another form of assurance satisfactory to Freebird in its reasonable