Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 59 Original Sheet No. 59


(i) Customer shall provide Caledonia with copies of its most recent

financial statements (i) within one hundred thirty (130) days of its

fiscal year end for each year during the Term, and (ii) within ninety

(90) days after the end of each of Customer’s first three fiscal

quarters of each fiscal year. Customer shall have the right to

deliver unaudited financial statements in satisfaction of this

requirement, as long as audited financial statements are produced in

the ordinary course of business and promptly delivered as soon as they

are available. In addition, Customer shall promptly provide to

Caledonia other financial information reasonably requested by Caledonia

for purposes of this Agreement. If the financial information is

publicly provided, then the Customer must identify where and how such

information may be obtained and provide any further assistance

Caledonia may reasonably need to locate and obtain such financial


(ii) If Customer does not make available such information as required

to be made available under Section 4 within ten (10) Business Days

after a request by Caledonia, Caledonia shall have the right to send a

written notice demanding that such information be made available.

(iii) All financial information made available under this Section 4, if

not publicly available, shall be treated as Confidential Information.

(b) Such other information as may be reasonably requested to by


(c) In the event that Customer cannot provide the information in

Section 4.2, it shall, if applicable, cause its parent company to

provide such information.

4.3 Notice of Material Adverse Change. Customer or Credit Support

Provider, if applicable, shall notify Caledonia in writing of the

occurrence of any event that would constitute a Material Adverse

Change, within five (5) Business Days of the occurrence of such event.

A Material Adverse Change may include any change in business conditions

which would cause: (i) a substantial deterioration in financial

condition; (ii) a condition of insolvency; or (iii) the inability to

exist as an ongoing business entity. Such conditions would include any

chapter of the bankruptcy laws of the U.S., liquidation or debt

reduction procedures under state laws, and significant outstanding

collection lawsuits or judgments that would affect the business

entity’s ability to remain solvent.

4.4 Financial Assurances