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).