1. If we have a US counterparty we insert the appropriate choice. =20
2. Revisions to the CFTC Rules have done away with the "Eligible Swap=20
Participant" rules for energy commodities (they would still apply to=20
agricultural products). The rules are still pretty similar however, and th=
e=20
current lingo is now "Eligible Contract Participants". See our revised for=
m,=20
attached.
=09Karen A Cordova@EES
=0904/04/2001 04:33 PM
=09=09=20
=09=09 To: Tana Jones/HOU/ECT@ECT
=09=09 cc: Marianne Castano/HOU/EES@EES
=09=09 Subject: swaps
Hi Tana --
I have a couple of questions concerning swaps that I hope you can answer. =
=20
1. With respect to Part 2. Tax Representations. to the Schedule, is it=20
standard to insert into the Schedule the information from Form #3 when=20
dealing with a U.S. Counterparty?
2. Part 5. Other Provisions. Is the following point the most current and=
=20
also a standard provision in the Schedule when dealing with a U.S.=20
Counterparty?
(h) Eligible Swap Participant. It constitutes an =01&eligible swap partici=
pant=018=20
as such term is defined in Rule 35.1(b)(2) of the Commodity Futures Trading=
=20
Commission, 17 C.F.R. o 35.1(b)(2) (1993).
Thanks alot for your continued support of EES Legal. Thanks Karen