Transwestern Pipeline Company, LLC
Third Revised Volume No. 1
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Effective Date: 08/01/2007, Docket: RP06-614-003, Status: Effective
Third Revised Sheet No. 122 Third Revised Sheet No. 122 : Effective
Superseding: First Revised Sheet No. 122
GENERAL TERMS AND CONDITIONS
(continued)
13. CREDITWORTHINESS
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13.1 Prior to execution of a Service Agreement, a Shipper or a prospective shipper
(hereinafter in this section jointly referred to as "Shipper") shall be required to
establish creditworthiness with Transporter. Transporter shall not be required to: (1)
execute a Service Agreement providing for service on behalf of any Shipper who fails to
meet Transporter's standards for creditworthiness; or (2) initiate service to a Shipper
who fails to meet Transporter's standards for creditworthiness; or (3) continue
transportation service on behalf of any Shipper who is or has become insolvent or who,
at Transporter's request, fails within a reasonable period to demonstrate
creditworthiness.
13.2 Shipper shall provide current financial statements, annual reports, or other filings
with regulatory agencies which discuss Shipper'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. Shipper shall provide a bank
reference and two trade references.
13.3 A shipper will be deemed creditworthy if (a) its rating by Standard & Poor's
Corporation ("S&P") is at least BBB- or Baa3 by Moody's Investor Service ("Moody's") or
(b) Shipper satisfies a credit appraisal performed by Transporter.
13.4 In the event Shipper does not meet the criterion in Section 13.3(a), Transporter shall
evaluate Shipper's creditworthiness based upon the level of service requested.
Transporter shall apply consistent evaluation practices to all similarly situated
Shippers to determine the Shipper's financial ability to satisfy the payment
obligations due to Transporter over the term of the requested service agreement. Such
credit appraisal shall be based upon Transporter's evaluation of the following
information and credit criteria:
(a) S&P and Moody's opinions, watch alerts, and rating actions will be considered in
determining creditworthiness;
(b) Consistent financial statement analysis will be applied by Transporter to determine
the acceptability of Shipper's current and future financial strength. Shipper's
balance sheets, income statements, cash flow statements and auditor's notes will be
analyzed along with key ratios and trends regarding liquidity, asset management,
debt management, debt coverage, capital structure, operational efficiency and
profitability;
(c) Results of bank and trade reference checks and credit reports should demonstrate
that a Shipper is paying its undisputed obligations in a timely manner;
(d) Shipper is not operating under any chapter of the bankruptcy laws and is not
subject to liquidation or debt reduction procedures under state laws. An exception
for a Shipper who is a debtor in possession operating under Chapter XI of the
Federal Bankruptcy Act will be made if Transporter is adequately assured that the
service billing will be paid promptly as a cost of administration under the federal
court's jurisdiction;
(e) Whether Shipper is subject to any lawsuits or judgments outstanding which would
seriously reflect upon the Shipper's ability to remain solvent;
(f) Whether Shipper has any delinquent balances outstanding for services provided
previously by Transporter and whether Shipper has paid its account balances
according to the terms established in its service agreements and whether any
deductions or payments were withheld for claims not authorized by the service
agreements; and
(g) Any other information obtained that is relevant to Shipper's current and future
financial strength.