Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective
Original Sheet No. 108 Original Sheet No. 108
GENERAL TERMS AND CONDITIONS
(Continued)
as defined in Section 31 of these General Terms and Conditions, or
if the prospective Customer satisfies TRES PALACIOS' credit
appraisal criteria based on an evaluation of the material provided
by prospective Customer pursuant to this Section. If TRES
PALACIOS concludes that a prospective Customer is not
creditworthy, TRES PALACIOS shall provide written notice to the
prospective Customer within ten (10) days after that determination
is made. If requested by the prospective Customer, TRES PALACIOS
will provide a written explanation of the basis for its
determination within five (5) days of such request. A prospective
Customer may challenge TRES PALACIOS' determination by providing a
written rebuttal in accordance with Section 3.3(j)(6) of these
General Terms and Conditions. TRES PALACIOS shall respond to such
a rebuttal in writing within five (5) business days in accordance
with Section 3.3(j)(7). Any reevaluation of credit by TRES
PALACIOS in response to such a rebuttal by a prospective Customer
shall be based on the creditworthiness criteria set forth in this
Section.
(1) Prospective Customer shall provide current audited financial
statements, annual reports, 10-K reports, interim financial
statements with attestation by the Chief Financial Officer (or
equivalent) that such statements are a true, correct and fair
representation of financial condition prepared in accordance with
Generally Accepted Accounting Principles and other filings with
regulatory agencies which discuss the prospective Customer'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) Prospective Customer shall provide a bank reference and at
least two trade references. The results of reference checks and
any credit reports must show that the prospective Customer's
obligations are being paid on a reasonably prompt basis;
(3) Prospective Customer 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 prospective Customer that is a debtor in possession
operating under Chapter XI of the U.S. Bankruptcy Code but only
with adequate assurance that the service billing will be paid
promptly as a cost of administration under the bankruptcy court's
jurisdiction;
(4) Prospective Customer 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;