Hardy Storage Company, LLC

Original Volume No. 1

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Effective Date: 07/06/2007, Docket: RP07-480-001, Status: Effective

First Revised Sheet No. 93B First Revised Sheet No. 93B : Effective

Superseding: Original Sheet No. 93B

GENERAL TERMS AND CONDITIONS (Cont’d)

 

(ii) Consistent financial statement analysis

will be applied by Seller to determine the

acceptability of Customer’s current and future

financial strength. Customer’s balance sheets,

income statements, cash flow statements, and

auditor’s notes will be analyzed along with key

ratios and trends regarding liquidity, asset

management, debt management, debt coverage, capital

structure, operational efficiency and profitability.

 

(iii) Results of bank and trade reference

checks and credit reports must demonstrate that a

Customer is paying its obligations in a timely

manner.

 

(iv) Customer is not operating under any

chapter of the Bankruptcy Code and is not subject to

liquidation or debt reduction procedures under State

Laws. Seller will make an exception for a Customer

who is a debtor in possession operating under

Chapter XI of the Federal Bankruptcy Act, if Seller

is adequately assured that the service billing will

be paid promptly as a cost of administration under

the Federal Court’s jurisdiction.

 

(v) Whether Customer is subject to any

lawsuits or judgments outstanding which would

seriously reflect upon the Customer’s ability to

remain solvent.

 

(vi) Whether Customer has any delinquent

balances outstanding for services provided

previously by Seller and whether Customer has paid

its account balances according to the terms

established in its Service Agreements and whether

any deductions or payments were withheld for claims

not authorized by the Service Agreements.

 

(vii) Any other information obtained that is

relevant to Customer’s current and future financial

strength.