Tennessee Gas Pipeline Company
FIFTH REVISED VOLUME NO. 1
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Effective Date: 02/16/2003, Docket: GT02- 35-004, Status: Effective
Sub Fifth Revised Sheet No. 404 Sub Fifth Revised Sheet No. 404 : Effective
Superseding: Fourth Revised Sheet No. 404
GENERAL TERMS AND CONDITIONS (continued)
3. Modification of Service
Any modification of an existing Part 284 transportation or storage service shall be
requested by Shipper's submission of a request for change via PASSKEY or by
facsimile if necessary. Such request for change, after having been fully processed
and accepted by Transporter, shall be deemed to have the full force and effect of
the underlying service agreement.
4. Credit Evaluation
4.1 Upon Transporter's request, a Shipper seeking or utilizing Part 284 service
from Transporter must provide, to the extent such information is in
Shipper's possession:
(a) a copy of Shipper's audited financial statements for the previous two
(2) fiscal year ends certified by the Chief Financial Officer or
Chief Accounting Officer of the Shipper (which certificate shall
state that such financial statements fairly present the financial
condition and results of operations of the Shipper for the period
indicated therein) prepared in accordance with generally accepted
accounting principles or, for non-U.S.-based Shippers, prepared in
accordance with equivalent standards;
(b) a copy of Shipper's financial statements for the most recent period
available, which may be unaudited, but if unaudited, must be signed and
attested by Shipper's President and Chief Financial Officer as fairly
representing the financial position of the company;
(c) a statement of the legal composition of the business, i.e.,
corporation, limited partnership, etc.;
(d) a statement of the length of time that Shipper has been in business; and
(e) a list of Shipper's affiliates, including parents and subsidiaries,
if applicable.
4.2 Transporter may also require, either with the request for service or at the
time of execution of the service agreement, or at any future time as
Transporter deems necessary to conduct ongoing credit evaluations of Shipper,
that the Shipper shall provide Transporter with any or all of the following
information and criteria to allow Transporter to determine the Shipper's
Creditworthiness:
(a) Shipper shall provide a bank reference and at least two trade
references. The results of reference checks and any credit reports
submitted herein must show that Shipper's obligations are being paid
on a reasonably prompt basis;
(b) Shipper shall confirm in writing that Shipper 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. Transporter may make an exception for a Shipper who is a
debtor in possession operating under Chapter XI of the Federal
Bankruptcy Act if Transporter is adequately assured that the service
billing will be paid promptly as a cost of administration under the
federal court's jurisdiction;