White River Hub, LLC
Original Volume No. 1
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Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective
Original Sheet No. 94 Original Sheet No. 94
GENERAL TERMS AND CONDITIONS
(Continued)
(iv) If a Shipper does not meet the criteria described
above, then such Shipper may request that White River evaluate its
creditworthiness based upon the level of its current and requested service on
White River relative to the Shipper's current and future ability to meet its
obligations. Such credit appraisal shall be based upon White River's
evaluation of the following information and credit criteria:
(1) S&P and Moody's opinions, watch alerts, and
rating actions and reports, ratings, opinions and other actions by Dun and
Bradstreet and other credit reporting agencies will be considered in
determining creditworthiness.
(2) Consistent financial statement analysis will be
applied by White River to determine the acceptability of Shipper's current and
future financial strength. Shipper'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.
(3) Results of bank and trade reference checks and
credit reports must demonstrate that Shipper is paying its obligations in a
timely manner.
(4) 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 and there must not be pending any
petition for involuntary bankruptcy of the Shipper. An exception may be made
for a Shipper which is a debtor in possession operating under Chapter XI of
the Federal Bankruptcy Act if White River is assured that the service billing
will be paid promptly as a cost of administration under the federal court's
jurisdiction, based on a court order in effect, and if the Shipper is
continuing and continues in the future actually to make payment.
(5) Whether Shipper is subject to any lawsuits or
judgments outstanding which could materially impact its ability to remain
solvent.
(6) Whether Shipper has or has had any delinquent
balances outstanding for services provided previously by White River and
whether Shipper is paying and has paid its account balances according to the
terms established in its service agreements (excluding amounts as to which
there is a good faith dispute).