Common use of Creditworthiness Clause in Contracts

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.

Appears in 2 contracts

Samples: Gas Transportation Agreement, Gas Transportation Agreement

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Creditworthiness. (a) At any time during the Term, any of 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 Provider 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 Provider 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 Provider solely for this purpose and subject to clause 30.3, will be held in confidence. (c) The Service Providers Provider will establish credit limits based on the level of requested Service and the Shipper's creditworthiness as established by the Service Providers' Provider’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 Service Providers Provider is to extend to the Shipper. (d) If in the reasonable opinion of the Service Provider Provider, the Shipper fails to establish or confirm the Shipper’s creditworthiness for the Term within 7 days of the Service Providers’ Provider’s request, the Service Providers Provider 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. (e) An assessment of creditworthiness made under this clause by one of the Service Providers will be deemed to satisfy them all. Each relevant Service Provider may request security (whether under this clause 20.2 or under 20.3) in respect of the Services it provides or all relevant Service Providers may accept the same security provided that it is in a form capable of being actioned by any of them.

Appears in 2 contracts

Samples: Gas Transportation Agreement, Gas Transportation Agreement

Creditworthiness. (a) At any time during the Term, the Service Providers Provider may request in writingwriting and, and if so requested requested, the Shipper must provide: (i) its most recent audited financial statements (or if the Service Providers Provider 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 Provider reasonably request requests 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 Provider solely for this purpose and and, subject to clause 30.3, will be held in confidence. (c) The Service Providers Provider will establish credit limits based on the level of requested Service and the Shipper's creditworthiness as established by the Service Providers' Provider's analysis of the Shipper's financial strength, taking into consideration (but in no way limited to) analysis of three (3) years Years of the Shipper's audited financial statements demonstrating adequate financial strength to justify the amount of the credit the Service Providers Provider is to extend to the Shipper. (d) If If, in the reasonable opinion of the Service Provider Provider, the Shipper fails to establish or confirm the Shipper’s creditworthiness for the Term within 7 days of the Service Providers’ Provider’s request, the Service Providers Provider 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.

Appears in 2 contracts

Samples: Gas Transportation Agreement, Gas Transportation Agreement

Creditworthiness. (a) At any time during the Term, the Service Providers Provider may request in writingwriting and, and if so requested requested, the Shipper must provide: (i) its most recent audited financial statements (or if the Service Providers Provider 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 Provider reasonably request requests 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 Provider solely for this purpose and and, subject to clause 30.3, will be held in confidence. (c) The Service Providers Provider will establish credit limits based on the level of requested Service and the Shipper's creditworthiness as established by the Service Providers' Provider's analysis of the Shipper's financial strength, taking into consideration (but in no way limited to) analysis of three (3) years Years of the Shipper's audited financial statements demonstrating adequate financial strength to justify the amount of the credit the Service Providers Provider is to extend to the Shipper. (d) If If, in the reasonable opinion of the Service Provider Provider, the Shipper fails to establish or confirm the Shipper’s creditworthiness for the Term within 7 days of the Service Providers’ Provider’s request, the Service Providers Provider 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.

Appears in 2 contracts

Samples: Gas Transportation Agreement, Gas Transportation Agreement

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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 Providers 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.

Appears in 1 contract

Samples: Gas Transportation Agreement

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