Pinnacle Pipeline Company
ORIGINAL VOLUME NO. 1
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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective
Original Sheet No. 157 Original Sheet No. 157 : Effective
(c) Shipper or Transporter shall be subject to
a Bankruptcy Event (with "Bankruptcy Event"
meaning with respect to either Shipper or
Transporter, that such party (i) is
dissolved (other than pursuant to a
consolidation, amalgamation or merger),
(ii) makes an assignment or any general
arrangement for the benefit of creditors,
(iii) institutes or has instituted against
it a proceeding seeking a judgment of
insolvency or bankruptcy or any other
relief under any bankruptcy or insolvency
or other law affecting creditors' rights
and, in the case of any such proceeding or
petition instituted or presented against
it, such proceeding or petition (A) results
in a judgment or insolvency or bankruptcy
or the entry of an order for its wind-up or
liquidation or (B) is not withdrawn,
dismissed or discharged within thirty (30)
Days after the institution or presentation
thereof, (iv) otherwise becomes bankrupt or
insolvent (however evidenced), (v) has a
secured party take possession of all or
substantially all of its assets or has an
action or proceeding taken or levied
against all or substantially all of its
assets and such secured party maintains
possession, or any such action or
proceeding is not dismissed, in either case
within thirty (30) Days thereafter, or (vi)
is unable to pay its debts or admits in
writing its inability generally to pay its
debts as they fall due.)
26.2 Termination by Transporter - Upon the occurrence
of an Event of Default by Shipper under a
Transportation Agreement ("Agreement"),
Transporter may terminate the Agreement upon ten
(10) additional Days' prior written notice to
Shipper. Except as otherwise provided in the
Agreement, upon termination by Transporter,
Shipper shall pay to Transporter all payments
owed to Transporter for gas that flowed prior to
termination. In addition, Transporter and
Shipper may agree to a termination payment to be
paid by Shipper, which shall be equal to the
quantity remaining to be delivered to Shipper
under the Transportation Agreement, multiplied by
the Negotiated Rate, if any, under the
Transportation Agreeement.