Arlington Storage Company, LLC
First Revised Volume No. 1
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Effective Date: 11/08/2009, Docket: RP10-67-000, Status: Effective
Original Sheet No. 108 Original Sheet No. 108
GENERAL TERMS AND CONDITIONS
(Continued)
as defined in Section 30 of these General Terms and Conditions, or if the prospective Customer
satisfies ASC's credit appraisal criteria based on an evaluation of the material provided by
prospective Customer pursuant to this Section. If ASC concludes that a prospective Customer
is not creditworthy, ASC shall provide written notice to the prospective Customer within ten
(10) days after that determination is made. If requested by the prospective Customer, ASC
will provide a written explanation of the basis for its determination within five (5) days of
such request. A prospective Customer may challenge ASC's determination by providing a written
rebuttal in accordance with Section 3.3(j)(6) of these General Terms and Conditions. ASC 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 ASC 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;