TransColorado Gas Transmission Company
Original Volume No. 1
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Effective Date: 12/05/1996, Docket: CP90-1777-009, Status: Effective
Original Sheet No. 73 Original Sheet No. 73 : Superseded
GENERAL TERMS AND CONDITIONS
(Continued)
provided for in Section 6. Shipper may not pledge or charge its
interest under a service agreement under the provisions of any
mortgage, deed of trust, indenture, security agreement, loan
agreement or similar instrument that it executes without the
consent in writing of TransColorado. No person succeeding by
purchase, merger or consolidation to the properties of Shipper
shall be entitled to any part of the interest of Shipper under its
service agreement without the written consent of TransColorado.
18. CREDITWORTHINESS
18.1 TransColorado shall not be required to initiate, perform or to
continue any transportation service under any rate schedule for
Shipper if Shipper is or has become insolvent or fails within 30
days of TransColorado's request for credit information to
demonstrate creditworthiness.
18.2 Shipper must demonstrate evidence of creditworthiness by providing
the following:
(a) Primary bank references;
(b) Shipper's year-end audited financial statement and its last
quarterly report;
(c) A credit report from a credit reporting agency that shows
that Shipper pays its commercial obligations within a
reasonable period.
18.3 Notwithstanding subparagraph 18.2(c), if Shipper is found to lack
creditworthiness, Shipper may receive service if it prepays for
such service or furnishes a letter of credit or other good and
sufficient security, as determined by TransColorado in its
reasonable discretion, in an amount equal to the cost of
performing the service requested by Shipper for up to a three-
month period.
18.4 The inability of Shipper to pay for the requested service or
insolvency of Shipper may be evidenced by the filing by Shipper or
any parent or affiliated company (collectively referred to in this
paragraph as "Shipper") of a petition in bankruptcy or the entry
of a decree or order by a court of competent jurisdiction
adjudging Shipper bankrupt or insolvent, or approving as properly
filed a petition seeking reorganization, arrangement, adjustment
or