Creditworthiness. Seller, in order to satisfy itself of the ability of the Buyer to meet its obligations under the contract, may conduct periodic reasonable credit reviews in accordance with standard commercial practices. Xxxxx agrees to assist in these reviews by providing financial information and at the request of the Seller, will maintain such credit support or surety including, but not limited to, an unconditional and irrevocable letter of credit to provide adequate security for protection against the risk of nonpayment.
Creditworthiness. All Transmission Customers and applicants seeking to become Transmission Customers shall be subject to the creditworthiness requirements contained in Attachment K to the ISO Services Tariff, including the minimum participation criteria set forth in Section 26.1 of Attachment K. “Customer,” as used in Attachment K to the ISO Services Tariff, shall also mean “Transmission Customer” and an applicant seeking to become a Transmission Customer.
Creditworthiness. 16.1 We may conduct a credit assessment on you by obtaining a credit check of your credit history and to using any other information we are permitted by law to use to establish your creditworthiness.
16.2 You consent to us disclosing your information to a credit reporting agency to obtain a consumer credit report about you if you have applied for consumer or commercial credit.
16.3 If we incur any legal or other costs in recovering debt from you, we may pass those costs on to you.
16.4 We may lodge a credit default listing against you, providing:
a) that we have notified you in writing that we intend to do so, and
b) that more than 60 days has lapsed since the due date for any outstanding amounts.
Creditworthiness. In order for Company to participate in the origination of fund transfer entries (“Entry” or “Entries”), pursuant to this Agreement, Company must be creditworthy in accordance with the Bank’s policies. Company agrees that Bank may request and obtain credit information about Company in order to determine their creditworthiness. This credit information includes but is not limited to financial information to be obtained directly from Company and credit bureau reports. The Bank reserves the right to immediately terminate this Agreement if the creditworthiness of Company should deteriorate to an unacceptable level as determined by the Bank in its sole discretion.
Creditworthiness. (a) At any time during the Term, the Service Providers may request in writing, and if so requested the Shipper must provide:
(i) its most recent audited financial statements (or if the Service Providers acting reasonably so requests, the Shipper will also provide its most recent unaudited financial statements);
(ii) evidence of either or both of debt ratings and corporate credit ratings; and
(iii) other information that the Service Providers reasonably request to establish or confirm the Shipper's creditworthiness.
(b) All information the Shipper provides for credit evaluation purposes will be used by the Service Providers solely for this purpose and subject to clause 30.3, will be held in confidence.
(c) The Service Providers will establish credit limits based on the level of requested Service and the Shipper's creditworthiness as established by the Service Providers' analysis of the Shipper's financial strength, taking into consideration (but in no way limited to) analysis of three (3) years of the Shipper's audited financial statements demonstrating adequate financial strength to justify the amount of the credit the Service Providers is to extend to the Shipper.
(d) If in the reasonable opinion of the Service Provider the Shipper fails to establish or confirm the Shipper’s creditworthiness for the Term within 7 days of the Service Providers’ request, the Service Providers may require security in a form specified in clauses 21.3(a)(i), (ii), (iii), (iv) or (v), and the Shipper will promptly provide such security.
Creditworthiness. 10.1 The Customer acknowledges that the provision of the Services, Sat One Global Equipment and any other obligation under the Contract by Sat One Global shall be subject to Sat One Global’s Privacy Policy, the requirements of the Privacy Act 1988 (Cth); Telecommunications Act 1997 (Cth); Telecommunications (Interception and Access) Act 1979; Spam Act 2003 (Cth); and any other applicable laws, codes and regulations.
10.2 For the purposes of processing the Application for Service, establishing the Customer’s account and the ongoing credit management of the Customer’s account Sat One Global may need to disclose to a credit reporting agency personal information relating to the Customer which is in Sat One Global’s possession, including but not limited to, information referred to in clause 10.3 and the Customer hereby consents to such disclosure or use.
10.3 Pursuant to clause 10.1 the following represents a list of Customer information relating to the Customer which may be disclosed to a credit reporting agency:
(a) Customer name and address, ACN, ABN, business names, partnership details;
(b) details of the Customer’s application for Sat One Global Services and/or services supplied to the Customer;
(c) credit limits on the Customer’s accounts;
(d) the amount of any payments which are overdue for at least fourty-five (45) days;
(e) where an overdue payment has been previously reported, advice that the payment is no longer overdue;
(f) court judgments or bankruptcy orders made against the Customer;
(g) that, in the opinion of Sat One Global, the Customer has committed a serious credit infringement;
(h) that Sat One Global has ceased to provide Services to the Customer in accordance with the terms of this Contract as a result of Customer default relating to payment/credit; and
(i) any additional and relevant information which Sat One Global may wish to use or believes should be disclosed may be disclosed or used.
10.4 The Customer agrees that Sat One Global may obtain from any person or body carrying on the business or undertaking involving the provision of information about the commercial creditworthiness of persons, any information concerning the Customer that concerns the Customer’s commercial activities or commercial creditworthiness for the purposes of assessing the Customer’s application for Services and the ongoing credit management (including collection of overdue amounts) of the Customer’s account. Sat One Global may, at its sole discretion, refuse to s...
Creditworthiness. 9.1 INTECK IT’s obligations to supply a Service, and to continue supplying a Service, are subject to INTECK IT being satisfied as to the creditworthiness of the Customer.
9.2 INTECK IT may, from time to time, review the Customer’s creditworthiness. In doing so, INTECK IT may seek from the Customer or an independent person such as a credit reporting agency or credit provider information or advice to assist in the creditworthiness review.
9.3 Customer agrees promptly to cooperate with a review by:
(a) providing to INTECK IT any information (including a completed INTECK IT credit application form) INTECK IT reasonably requires to conduct any such review; and
(b) giving to INTECK IT permission (which permission is by the signing of the Order Form granted) to communicate with credit reference associations about the Customer’s creditworthiness. The information sought in this clause can include any information reasonably required by INTECK IT about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive under law.
9.4 The Customer warrants that all material information that it provides to INTECK IT in any creditworthiness review will provide a true and fair view of the Customer’s financial position at the time it is provided, and that all other information is accurate and complete.
9.5 The Customer is entitled to see and to correct any credit information that INTECK IT holds about the Customer.
9.6 Following a creditworthiness review of the Customer which may occur at any time before or during the supply of the Service, INTECK IT may give to the Customer a written notice specifying a credit limit and/or the security that the Customer is required to give to INTECK IT, which shall be in a form and amount that is no more than reasonably required.
9.7 If the Customer fails to provide the security required by INTECK IT within a reasonable time or exceeds the nominated Credit Limit, INTECK IT may suspend the supply of the Service.
Creditworthiness. Neither the Company nor the Shipper shall be required to commence service or continue with service, subject to the following timing provisions, to continue under this Storage or Transportation Service Agreement if either the Shipper or the Company (a) is or has become insolvent; (b) has applied for bankruptcy under Chapter 11 of the Bankruptcy Code, or which is subject to similar proceedings under state or federal law; or no longer meets the credit worthiness standards specified in Section 14.5 of the Agreement or (c) when requested by the non-affected party to demonstrate creditworthiness, fails to do so in requesting party’s reasonable judgment, in light of previous payment or performance experience and the prudent credit analysis of information available; provided, however, if the Shipper is the affected party and is receiving service they shall continue to receive service for a period of fifteen (15) days after written notice by Company of any such circumstance, and shall continue thereafter to receive service if, within such fifteen (15) day notice period, such Shipper (a) deposits with Company and maintains, on account, an amount which would be due for three (3) months service at the full Maximum Daily Withdrawal Quantity, or the full Maximum Daily Transportation Quantity, including an amount of the current gas imbalance plus, an amount equal to the three (3) highest cashout payments, if any, incurred during the previous twelve months, or (b) furnishes good and sufficient security, which may include an acceptable standby letter of credit, or monthly prepayment agreement or other security as reasonably determined by Company, of a continuing nature and in an amount equal to such amounts which would be due for service. If such payment on account or payment security is not received within such fifteen (15) day notice period, Company may, without waiving any rights or remedies it may have, suspend further service for a period of ten (10) days. If such payment on account or a payment security is not received within such ten (10) day suspension period, then Company shall no longer be obligated to continue to provide service to such Shipper. Further, if such payment on account or a payment security is not received within sixty (60) days after the end of such suspension period, Company may terminate its obligations to provide service under all agreements between Shipper and Company, which termination shall not affect any of Company’s claims or remedies it may...
Creditworthiness. In the event Seller: a) is unable to represent or warrant as required by Section 3 that it has not been a debtor in any bankruptcy proceeding within the past two (2) years;
Creditworthiness. (a) At any time during the term of this agreement, the Transporter may request in writing, and if so requested the Shipper must provide:
(i) its most recent audited financial statements (or if the Transporter acting reasonably so requests, the Shipper will also provide its most recent unaudited financial statements);
(ii) evidence of debt and/or corporate credit ratings; and
(iii) other information that the Transporter reasonably requests to establish or confirm the Shipper's creditworthiness.
(b) All information the Shipper provides for credit evaluation purposes will be used by the Transporter solely for this purpose and subject to clause 28, will be held in confidence.
(c) The Transporter will establish credit limits based on the level of requested Service and the Shipper's creditworthiness as established by the Transporter’s analysis of the Shipper's financial strength, taking into consideration (but in no way limited to) analysis of three (3) years of the Shipper's audited financial statements demonstrating adequate financial strength to justify the amount of the credit the Transporter is to extend to the Shipper.
