Network User Policy Clause Samples

Network User Policy. AGN will not be required to provide Network Services to a Network User, or Prospective Network User, who does not meet the requirements of AGN’s Network User Policy. The Network User Policy requires that: a a Network User must be resident in Australia or have a permanent establishment in Australia; b (if the Network User is incorporated or constituted under any law other than the Corporations Act 2001) the Network User must have provided AGN with a legal opinion in form and substance satisfactory to AGN that confirms: i the due incorporation and good standing of the Network User; ii the legal capacity of the Network User to enter into and perform the Agreement between the Network User and AGN; and iii the due execution of that Agreement and the enforceability of that Agreement against the Network User, c the Network User must be capable of being sued in its own name in courts established under the laws of Victoria, New South Wales and other States; d the Network User must not enjoy any immunity from legal proceedings or legal process (including, but without limitation, any immunity from execution); e the Network User must satisfy the requirements of AGN’s Credit Policy; f the Network User must have the necessary financial capability to discharge its present and future obligations in relation to Network Services; and g the Network User must not be an externally administered body corporate or insolvent under administration (as defined in the Corporations Act 2001) or under a similar form of administration under any laws applicable to the User in any jurisdiction.
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Network User Policy. AGN will not be required to provide Network Services to a Network User, or Prospective Network User, who does not meet the requirements of AGN’s Network User Policy. The Network User Policy requires that: a a Network User must be resident in Australia or have a permanent establishment in Australia; b (if the Network User is incorporated or constituted under any law other than the Corporations Act 2001) the Network User must have provided AGN with a legal opinion in form and substance satisfactory to AGN that confirms: i the due incorporation and good standing of the Network User; ii the legal capacity of the Network User to enter into and perform the Agreement between the Network User and AGN; and iii the due execution of that Agreement and the enforceability of that Agreement against the Network User, c the Network User must be capable of being sued in its own name in courts established under the laws of Victoria, New South Wales and other States; d the Network User must not enjoy any immunity from legal proceedings or legal process (including, but without limitation, any immunity from execution); e if the Network User is a retailer and NECF applies to the Network credit support is regulated by the credit support rules set out in Division 4 of Part 21 of the National Gas Rules, the Network User must comply with thosethe credit support rules set out in Division 4 of Part 21 of the National Gas Rules. If the Network User is not a retailer or the credit support rules do not apply to the Network, the Network User must have an acceptable credit rating, or provide AGN with security acceptable to AGN, on terms and conditions acceptable to AGN; f the Network User must have the necessary financial capability to discharge its present and future obligations in relation to Network Services; and g the Network User must not be an externally administered body corporate or insolvent under administration (as defined in the Corporations Act 2001) or under a similar form of administration under any laws applicable to the User in any jurisdiction. For the purposes of paragraph (e), where the Network User is not a retailer or the credit support rules do not apply to the Network, AGN will from time to time determine what constitutes an acceptable credit rating. Until otherwise determined by AGN, an acceptable credit rating is: a a rating of BBB or higher for long-term unsecured counterparty obligations of the entity, as rated by Standard & Poors (Australia) Pty Ltd; or ab a ra...
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