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Enron Mail |
Rodney, please give Cliff a call. I spoke with him today. He will handle.
Please fill him in on your discussions to date. Thanks Delainey ---------------------- Forwarded by David W Delainey/HOU/ECT on 06/01/2000 02:55 PM --------------------------- Enron North America Corp. From: Rodney Malcolm 05/31/2000 10:56 AM To: David W Delainey/HOU/ECT@ECT cc: Subject: Merrill Lynch Offer - Termination of Midwest Peaking Trade Dave, The Bid Offer is now officially at $0 - $17MM - See below offer from Merrill. Below is the response from Dan Gordon who was my counterpart at Merrill after my discussion with him where I told him I wanted to just terminate the trade without paying any fees. I had asked Dan to come up with a number they would think appropriate for terminating the trade. I also discussed the deal with their relationship officer Robert Furst so they are all engaged. I think Dan is simply trying to elicit a higher first bid from us without him doing any work or potentially leaving any money on the table since it is us that wants to unwind the trade. I have Rogers Herndon pulling some information on how much the position has moved since we did the deal. I also have him working through what we would have done if we owned the deal i.e. how much gas basis risk we would have mitigated and what the value would be now as well and any other hedges we would have put on and the value of them now. This will give us information to either negotiate or at least get a better picture of what a better offer should be. I have also notified Elizabeth Sager, our lawyer, to dig back in and get back up to speed on the deal to prepare to discuss it. As I see it our options are: Option 1: Negotiate Rogers/Kevin/Myself go to NY and negotiate/highlight the risks in the deal with ML Option 2: Relationship Play Either myself or Cliff start leaning on the relationship people at ML to force ML into a more realistic first offer. Let me know your thoughts on how you want to proceed. Rodney ---------------------- Forwarded by Rodney Malcolm/HOU/ECT on 05/31/2000 10:40 AM --------------------------- "Gordon, Dan (CICG NY - SWAPS)" <DGordon@exchange.ml.com< on 05/31/2000 07:15:54 AM To: Rodney Malcolm/HOU/ECT@ECT cc: "Furst, Robert (IBK-DAL)" <rfurst@exchange.ml.com<, "Tilney, Schuyler (IBK-HOU)" <stilney@exchange.ml.com<, "Kostiner, Barry (CICG - NY SWAPS)" <bkostiner@exchange.ml.com<, "Gontkovic, Craig (CICG - NY SWAPS)" <CGontkovic@exchange.ml.com< Subject: Merrill Lynch Offer - Termination of Midwest Peaking Trade Rodney- Merrill Lynch has reviewed the transaction that was executed with Enron in December, 1999 involving physically and financially settled call options on certain mid-continent peakers owned by Enron. At that time, a fee of approximately $17 million was charged to execute the transaction. Since the execution of the trade, Merrill Lynch has had to manage the risk associated with the sizeable position as well as hedge certain gas basis risks that Merrill Lynch was obligated to assume in order to accommodate the accounting treatment desired by Enron as part of the transaction. Additionally, as I am sure that you and your traders are aware, the position has considerably appreciated in value since trade execution. Even with these factors, Merrill Lynch is prepared to accommodate Enron's request to terminate the transaction in exchange for a fee of $17 million. This fee encompasses the original fee that Enron had agreed to pay to Merrill Lynch and does not take into consideration any of Merrill Lynch's hedge breakage costs or our foregone upside in the trade. Should you wish to discuss the matter further, please do not hesitate to contact me. Regards, as always. Dan Gordon
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