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
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
(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).