Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 166 Original Sheet No. 166

 

GENERAL TERMS AND CONDITIONS

 

5. CREDITWORTHINESS

 

5.1 Prior to execution of a TSA providing for service under any Rate

Schedule, a Shipper or a prospective Shipper (jointly "Shipper") is required

to establish creditworthiness with Transporter. Transporter shall not be

required to:

 

(a) execute a TSA providing for service under the applicable Rate

Schedule on behalf of any Shipper who fails to meet Transporter's standards

for creditworthiness;

 

(b) initiate service to a Shipper who fails to meet Transporter's

standards for creditworthiness; or

 

(c) continue transportation service on behalf of any Shipper who is

or has become insolvent or who is unable within a reasonable period to

demonstrate creditworthiness.

 

5.2 The determination of Shipper's creditworthiness shall be based

upon the level of service requested by Shipper and Shipper's estimated

financial strength as defined by a credit rating of investment grade,

defined as a rating of at least "BBB-" by Standard & Poor's Rating Group

(Standard & Poor's), a rating of at least "Baa3" by Moody's Investors

Service, Inc. (Moody's), or a rating of at least "BBB-" by Fitch Ratings

(Fitch). To the extent Shipper is rated by multiple agencies, the lower

rating applies.

 

5.3 If Shipper is not rated by Standard & Poor's, Moody's, or Fitch,

a determination of a Shipper's creditworthiness shall be based upon (at the

Shipper's election) (i) the credit rating assigned to the Shipper's parent

company (if Shipper so elects and the parent company is creditworthy, the

parent must provide a written guarantee in a form satisfactory to

Transporter), or (ii) a credit rating, as evaluated by Transporter, based

upon the level of service requested by Shipper and financial analysis

criteria and ratios generally acceptable in the gas industry.

 

5.4 If Transporter determines that Shipper does not have an

acceptable rating as stated above, Shipper may, at its own expense, obtain a

private rating from Standard & Poor's, Moody's, or Fitch, or request that an

independent certified public accountant, mutually acceptable to Shipper and

Transporter, prepare an equivalent evaluation based on financial analysis

criteria and ratios generally acceptable in the gas industry.