Tariff
TWP Pipeline LLC
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1
SECTION 7.7
CREDITWORTHINESS
VERSION 3.0.0
GENERAL TERMS AND CONDITIONSa) For Shippers under Rate Schedule FT – the sum of the reservation charge times, Shipper's MDQ applicable to the proposed service for three (3) month period; or b) For Shippers taking service under a Negotiated Rate that does not include a reservation charge, or for Shippers under Rate Schedule IT – an amount equal to the commodity charges applicable to the proposed service for a three (3) month period; and c) Shipper shall provide the security specified in Sections 7.7.3.2(a) and 7.7.3.2(b), as applicable, for the period there stated and shall continue to provide security for as long thereafter as Shipper fails to otherwise satisfy Transporter's creditworthiness standards; or 3. Shipper provides a guarantee of financial performance in a form satisfactory to Transporter and for the term of the Transportation Agreement from a corporate affiliate of the Shipper or a third party, either of which meets the creditworthiness standards set forth in this section; or 4. Shipper provides some other security or assurance of creditworthiness, which in Transporter's judgment is adequate for the service. Transporter shall apply this provision in a manner that is not unduly discriminatory. 7.7.4. Other Creditworthiness Requirements – Shipper must also meet the following criteria in order to be deemed creditworthy for purposes of this section: 1. Shipper must not be operating under any chapter of the bankruptcy laws and must not be subject to liquidation or debt reduction procedures under state laws, such as an assignment for the benefit of the creditors, or any informal creditors' committee assignment. An exception can be made for a Shipper who is debtor in possession operating under Chapter XI of the Federal Bankruptcy Act but only with adequate assurances that the bills will be paid promptly as a cost of administration under the federal court's jurisdiction; 2. Shipper must not be subject to pending liquidation or regulatory proceedings in state or federal courts that could cause a substantial deterioration in its financial condition or that could cause a condition of insolvency or adversely affect its ability to exist as an on-going business entity; and 3. Shipper must have no significant outstanding collection lawsuits or judgments that would jeopardize Shipper's ability to remain solvent.