Monroe Gas Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective
Original Sheet No. 111 Original Sheet No. 111
GENERAL TERMS AND CONDITIONS
(Continued)
2. CONTRACTING FOR STORAGE SERVICE (Continued)
2.3 Creditworthiness (Continued)
(a) Credit Information (Continued)
(3) Potential Customer shall confirm in writing initially and
any Customer that fails to satisfy the minimum acceptable
credit standard set forth in Section 2.3(b)(1) of these
General Terms and Conditions shall confirm in writing within
five (5) Business Days of receipt of a written request from
Operator, that: (i) Potential Customer/ Customer is not
operating under any chapter of the bankruptcy laws; (ii)
Potential Customer/Customer is not subject to liquidation or
debt reduction procedures under state laws, such as an
assignment for the benefit of creditors or any informal
creditors' committee agreement; (iii) no significant
collection lawsuits or judgments are outstanding that would
materially affect Potential Customer/Customer's ability to
remain solvent as a business entity; and (iv) no receiver,
custodian, trustee, or similar person has been appointed for
a material portion of Customer's assets. If Potential
Customer/Customer's status changes so that Potential
Customer/Customer's prior confirmation is no longer
accurate, Potential Customer/Customer shall notify Operator
in writing within five (5) Business Days of the change.
Failure of Potential Customer/Customer to satisfy the
condition set forth in clause (i) of this Section 2.3(a)(3)
shall not result in Potential Customer/Customer being deemed
non-creditworthy if Potential Customer/Customer is a debtor
in possession operating under Chapter 11 of the Federal
Bankruptcy Code and Operator receives adequate assurance
that Potential Customer/Customer's liabilities to Operator
will be paid promptly as a cost of administration under the
Federal Bankruptcy Court's jurisdiction.