Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-617-000, Status: Effective

Original Sheet No. 179 Original Sheet No. 179

 

GENERAL TERMS AND CONDITIONS (continued)

 

30. CREDITWORTHINESS.

 

30.1 Transporter shall not be required to (i) execute a Service

Agreement with any Shipper which fails to meet Transporter's

standards for creditworthiness, or (ii) initiate service for a

Shipper which subsequently fails to meet Transporter's standards

for creditworthiness, or (iii) continue service for any Shipper

which is or has become insolvent or which, at Transporter's

request, fails within a reasonable period to demonstrate

creditworthiness pursuant to Transporter's standards. The

insolvency of a Shipper or prospective Shipper shall be

conclusively demonstrated by the filing by Shipper, or any parent

entity thereof or guarantor of Shipper, of a voluntary petition in

bankruptcy or the entry of a decree or order by a court having

jurisdiction in the premises adjudging the Shipper, or any parent

entity thereof or guarantor of Shipper, bankrupt or insolvent, or

approving, as properly filed, a petition seeking reorganization,

arrangement, adjustment or composition of or in respect of the

Shipper, or any parent entity thereof or guarantor of Shipper,

under the U.S. Bankruptcy Code or any other applicable federal or

state law, or appointing a receiver, liquidator, assignee,

trustee, sequestrator (or other similar official) of the Shipper,

or any parent entity thereof or guarantor of Shipper, or of any

substantial part of its property, or the ordering of the winding

up or liquidation of its affairs, with said order or decree

continuing unstayed and in effect for a period of sixty (60)

consecutive days. Transporter may not take any action under this

Section 30.1 which conflicts with any order of the U.S. Bankruptcy

Court.

 

30.2 Transporter's acceptance of a service request and/or

continuation of service is contingent upon Transporter's

completion of a credit appraisal it deems satisfactory in

accordance with the criteria set forth in this Section. To enable

Transporter to conduct such credit appraisal, a prospective

Shipper shall submit the information enumerated below, to the

extent such information is applicable to such prospective Shipper;

provided, however, that Transporter's receipt of such material

shall not be deemed acceptance of a request for service, which

acceptance shall be made only after Transporter's receipt of the

material and information set forth below and a determination by

Transporter that the prospective Shipper is sufficiently

creditworthy. A prospective Shipper shall not be required to

provide the foregoing information if prospective Shipper has an

Acceptable Credit Rating, as defined in Section 30.7 of these

General Terms and Conditions, or if prospective Shipper has agreed

to provide