Enron Mail

From:jeff.youngflesh@enron.com
To:chaz.vaughan@enron.com, stephen.morse@enron.com
Subject:Re: BMC Update, clarification
Cc:jennifer.medcalf@enron.com, brad.nebergall@enron.com
Bcc:jennifer.medcalf@enron.com, brad.nebergall@enron.com
Date:Wed, 13 Dec 2000 02:38:00 -0800 (PST)

Thanks, Chaz, for the response. What I am looking for in question #3
(purchase commitment) is did I convey the info correctly re: what BMC will
accept from Enron to allow the EBS deal to close? From notes to the Net
Works directors and Bob McAuliffe, I have copied the following statements
into the space below:

"1) The pricing is applicable if EBS gets their deal done, and you are
willing to provide some form of commitment (at least in writing, either
e-mail or letterhead) to purchasing a BMC product in 2001... For example, if
Randy Matson's team chose the BMC solution at the conclusion of their current
testing, they could lock in the discount at 45% by sending an e-mail (or
other form of written communication) committing to the purchase in 2001 (the
preference would be to get the "buy" done by end of 1st Qtr, if possible).
This would be sufficient commitment for BMC to go forward with their
purchases of EBS' solutions currently proposed to BMC." Is this correct the
way I have presented it to NetWorks? Will their replies work for you if
completed as requested above?

I didn't want to put you in a bind when I told the NetWorks teams what BMC
would feel is acceptable proof-of-commitment, nor did I want to have to go
back to the Net Works group and change the requirements.

I've got another note to send you in a minute or so, from Doug Cummins.

Thank you,
Jeff





Chaz Vaughan@ENRON COMMUNICATIONS
12/12/2000 07:29 PM

To: Jeff Youngflesh/NA/Enron@ENRON
cc: Stephen Morse/Enron Communications@Enron Communications
Subject: Re: BMC Update

Jeff,

Thank you for your efforts on the BMC deal. We are making real progress.
Here are the answers to your questions:

1. How much do they want you to guarantee them in BMC revenue?
$4 MM in software and $2.4 MM in maintenance and professional services
2. Are you still looking at a $13MM TCV over 5 years?
No, our current TCV over 5 years is $10 MM
3. Have I properly conveyed the "accepable-to-BMC method" of proving
purchase commitment from Enron?
Not sure what you mean here
4. Your note re: getting the Prof'nl Svcs contract signed says it has to be
done by 6pm the 14th...what if you don't get it until the morning of the 15th?
We prefer the 14th, but if we can't get it until the 15th, that will work


Please let me know if you have any other questions. I will call you tomorrow
to touch base.

Thanks,

Chaz Vaughan
Enron Broadband Services
1400 Smith Street
Houston, TX 77002
Ph: 713-345-8815
Cell: 713-444-3074
Fax: 713-853-7354
Chaz_Vaughan@enron.net



Jeff Youngflesh@ENRON
12/12/00 04:43 PM

To: Stephen Morse/Enron Communications@Enron Communications, Chaz
Vaughan/Enron Communications@Enron Communications
cc: Jennifer Medcalf/NA/Enron@Enron, Brad Nebergall/Enron
Communications@Enron Communications, Eric Merten/Enron Communications@Enron
Communications
Subject: BMC Update

Steve/Chaz -

I have taken your EBS Professional Services contract through our contracts
folks, and we have ended up with it now being in EBS' contracts dept w/one of
your attorneys. Our contracts Director, Tom Moore, and I spoke w/Eric Merten
(PDX) early this afternoon, and he now has the contract. EBS may have some
Intellectual Property issues related to ownership of BMC Consultant-developed
materials (while being paid by Enron). Eric is in the driver's seat with the
contract at this point.

I have sent notes to all of the Net Works directors currently engaged in one
form or another with BMC product and/or personnel. In it, they have been
requested to help us understand our opportunity from a number of angles:
Application(s) considered, attractiveness of the new pricing, attractiveness
of the BMC flexibility w/regard to "purchase commitment", etc. In addition,
I have re-iterated the time urgency.

I have followed up the note w/telephone calls & messages to all of them:
Doug Cummins, Randy Matson, Bob Martinez, Jim Ogg, and Bruce Smith. I am
meeting with Bob Martinez on Wednesday at 3pm. Matson, Ogg, and Smith have
me in their voicemailbox, Cummins was in a meeting and he said he would call
me back.

Would either one of you please let me know what BMC wants EBS to do for
them: how much do they want you to guarantee them in BMC revenue? Are you
still looking at a $13MM TCV over 5 years? Have I properly conveyed the
"accepable-to-BMC method" of proving purchase commitment from Enron? Your
note re: getting the Prof'nl Svcs contract signed says it has to be done by
6pm the 14th...what if you don't get it until the morning of the 15th?

I will call you to follow up on this note.

Thank you,

Jeff Youngflesh