Trunkline LNG Company, LLC

Second Revised Volume No. 1-A

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Effective Date: 08/01/2003, Docket: RP03-535-000, Status: Effective

Original Sheet No. 59 Original Sheet No. 59 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

2. REQUESTS FOR SERVICE (Continued)

 

(2) A bank reference and at least two trade

references. The results of reference checks

and any credit reports provided by Shipper

must show that Shipper's obligations are being

paid on a reasonably prompt basis.

 

(3) Confirmation in writing that Shipper is not

operating under any chapter of the bankruptcy

laws and is not subject to litigation 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 Shipper that 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) Confirmation in writing that it is not subject

to any uncertainty or any change in business

conditions resulting from: (a) pending

litigation in State or Federal courts; (b)

regulatory proceedings; or (c) otherwise,

which could cause a substantial deterioration

in its financial condition, a condition of

insolvency of, or the inability to exist as an

on-going business entity.

 

(5) Confirmation in writing that no significant

collection lawsuits or judgments are

outstanding which could adversely affect the

Shipper's ability to remain solvent.

 

(6) Confirmation that Shipper's on-going business

relationship with TLNG, reflects no delinquent

balances outstanding for services provided

previously by TLNG. Shipper must have paid its

account balances according to the established

terms and not made deductions or withheld

payment for claims not authorized by contract.

 

To enable TLNG to perform this credit appraisal,

Shipper shall provide TLNG with the material

specified in (1)-(5) of this Section 2.3(A).