Enron Mail

From:marianne.castano@enron.com
To:brent.hendry@enron.com, tana.jones@enron.com
Subject:Question Re: "Deemed ISDA"
Cc:
Bcc:
Date:Wed, 21 Feb 2001 08:02:00 -0800 (PST)

We have determined that we will begin papering some pure SWAPS on the ENA
"deemed ISDA" form of agreement because our business people do not believe
that our counterparties will ever want to do multiple swaps with us, and
they'll be generally "scared off" by the ISDA form agreements. Question for
you: The confirmation of the "deemed ISDA" provides as follows: "This
Confirmation is a complete and binding agreement between you and us as to the
Transaction. Until a Master Agreement is executed by you and us, all
currently existing swap, option or other financially-settled derivative
transactions between the parties shall be governed by the terms and
conditions set forth in any Annex attached hereto...." Given this language,
are we obligated to present the counterparty with a form of ISDA Master
Agreement and more or less "go through the motions" in this regard? Please
advise at your earliest convenience...Marianne