MarkWest Pioneer, L.L.C.

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective

Original Sheet No. 54 Original Sheet No. 54

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

7.3.3 Shipper provides a guarantee of financial performance in a form

satisfactory to transporter and for the term of the Transportation

Agreement from a corporate affiliate of the shipper or a third

party, either of which meets the creditworthiness standards set

forth in this Section; or

 

7.3.4. Shipper provides some other security or assurance of

creditworthiness, which in Transporter’s judgment is adequate for

the service. For Rate Schedule FT-2 Shippers, transporter may

consider the size and nature of the gas production committed under

the Production Commitment Agreement. Transporter shall apply this

provision in a manner that is not unduly discriminatory.

 

7.4. Other Creditworthiness Requirements – Shipper must also meet the following

criteria in order to be deemed creditworthy for purposes of this section:

 

7.4.1. Shipper must not be operating under any chapter of the bankruptcy

laws and must not be subject to liquidation or debt reduction

procedures under state laws, such as an assignment for the benefit

of the creditors, or any informal creditors’ committee assignment.

An exception can be made for a Shipper who is a debtor in possession

operating under Chapter XI of the Federal Bankruptcy Act but only

with adequate assurances that the bills will be paid promptly as a

cost of administration under the federal court’s jurisdiction;

 

7.4.2. Shipper must not be subject to pending liquidation or regulatory

proceedings in state or federal courts that could cause a

substantial deterioration in its financial condition or that could

cause a condition of insolvency or adversely affect its ability to

exist as an on-going business entity; and

 

7.4.3. Shipper must have no significant outstanding collection lawsuits or

judgments that would jeopardize Shipper’s ability to remain solvent.