Bobcat Gas Storage
Original Volume No. 1
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Effective Date: 10/15/2008, Docket: RP08-608-000, Status: Effective
Original Sheet No. 130 Original Sheet No. 130
GENERAL TERMS AND CONDITIONS
(Continued)
24. MISCELLANEOUS (Continued)
24.7 Creditworthiness - Determinations and Requirements (Continued)
(e) Creditworthiness - Financial Assurances (Continued)
(4) Forms of Financial Assurances (Continued)
(A) An irrevocable direct pay letter of credit in
form and substance acceptable to Bobcat issued
by a bank or other financial institution
reasonably acceptable to Bobcat and having a
long-term credit rating of at least AA- from
Standard and Poor's Rating Service or the
equivalent rating from Moody's Investor
Services, Inc. ( "Letter of Credit"), subject to
the following:
(i) each Letter of Credit shall be in effect
for the lesser of one (1) year or for the
term of service under the Storage Service
Agreement (the "Term") plus one hundred
twenty (120) days. If the Term plus one
hundred twenty (120) days is greater than
one (1) year, Customer shall ensure that
its obligation to Bobcat is secured
continuously, and accordingly shall
provide Bobcat with a replacement Letter
of Credit no later than one hundred twenty
(120) days prior to the expiration of the
then-effective Letter of Credit. Bobcat
will return the expiring Letter of Credit
to Customer within five (5) Business Days
of the date the Replacement Letter of
Credit becomes effective;
(ii) each Letter of Credit shall provide for
partial drawdowns;
(iii) in addition to all other remedies
available to Bobcat at law or in equity,
if Customer fails to provide a replacement
Letter of Credit in accordance with this
Section 24.7(e)(4)(A), Bobcat may draw
upon the expiring Letter of Credit to the
full amount thereof and apply the funds so
drawn in payment in whole or in part of
the obligations of Customer under each or
any of Customer's Storage Service
Agreements; and