Markwest New Mexico, L. L. C.
Second Revised Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-409-000, Status: Effective
Original Sheet No. 151 Original Sheet No. 151 Shipper does not have an acceptable rating set forth above, Shipper may, at its own expense, obtain a private rating from Dun & Bradstreet, or, as an alternative, request that an independent certified public accountant, mutually acceptable to Shipper and Transporter, prepare an equivalent evaluation based on the financial analysis criteria and ratios which are generally acceptable in the natural gas industry. (c) If a Shipper otherwise fails to establish creditworthiness as provided herein, Shipper may still receive service under the applicable Rate Schedule provided it furnishes and maintains for the term of the Transportation Agreement: (i) a written guarantee in a form satisfactory to Transporter from a third party which is creditworthy as determined above, (ii) an irrevocable standby letter of credit in an amount equal to the contract on a 100% load factor basis, for contracts with a term of twelve (12) months or longer the amount of the irrevocable standby letter of credit will not exceed twelve (12) months valuation, and contracts with a term less than twelve (12) months the irrevocable standby letter of credit will be the lesser of three (3) months valuation or the term of the contracts, (iii) a pre-payment in the amount equal to the contract on a 100% load factor basis, for contracts with a term of twelve (12) months valuation, and for contracts with a term less than twelve (12) months the pre-payment will be the lesser of three (3) months valuation or the term of the contracts, or (iv) other security acceptable to Transporter. (d) To permit Transporter to conduct a creditworthiness review, a Shipper shall, upon request by Transporter, render to Transporter: (i) a completed credit application, and (ii) complete financial statements prepared in accordance with generally accepted accounting principles or, for non-U.S.- based Shippers, prepared in accordance with equivalent principles. Upon requesting transportation service, a Shipper must submit to Transporter a completed credit application unless it has previously submitted such to Transporter within the last twelve (12) months. If a