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.