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Enron Mail |
Dick:
Please call me about the settlement issue. I spoke with Jim earlier and he deferred to you entirely. Thanks. Sara "Dick D VARNER" <Dick.Varner@EWEB.Eugene.OR.US< 01/02/2001 11:34 AM To: <jdeason@chbh.com<, <lcable@chbh.com<, <Sara.Shackleton@enron.com<, "Bert I DUNN" <Bert.Dunn@EWEB.Eugene.OR.US< cc: <Holli.Krebs@enron.com<, <Stephanie.Panus@enron.com<, <Susan.Bailey@enron.com< Subject: Re: Finalization and Execution of ENA/EWEB documentation On number 4, we have Chip Eady of Foley Lardner, our bond counsel, working on this. <<< <Sara.Shackleton@enron.com< 01/02/01 09:00AM <<< All: Following is a list of outsanding items: (1) ISDA Master Agreement (Schedule and Credit Support Annex) I need to better understand EWEB's proposed settlement language. ENA generally sends an invoice when the counterparty owes a payment (but not when ENA owes a payment). The invoice reflects the outstanding transactions for a given Calculation Period and the net amount owed. ENA can generate this invoice in all cases. Does EWEB intend that BOTH parties always send reciprocal invoices? Is is necessary that the Calc Agent ALSO make a phone call? What does EWEB's language "separate invoices and documentation covering each Transaction sufficient to permit the other party to comply with its interanl accounting and record keeping procedures concerning individual Transactions" mean? Please call me to resolve. When can we execute? (2) Cable Huston legal opinion: please add (1) opening paragraph: "(iii) the Confirmations for Transactions ENA Contracts Nos. 447459.02 and 447459.4 each dated October 30, 2000 ..." (2) Paragraph 12 prior to the period in the first sentence: "as those terms are defined in the Master Resolution adopted by the EWEB Board on June 16, 1986, as supplemented" (3) the two (2) confirmations These require execution by EWEB. When will this be done? (4) Bond Counsel opinion Dick, I sent you an email on Friday. ENA is pleased to discuss with your counsel. Please refer to Larry's legal opinion: the deleted Paragraph 10 of the December 21, 2000 draft and the Paragraph 12 of the December 30, 2000 draft for the type of information requested. Please let me know if I have left out any items. I would like to finalize documentation today. Regards. Sara
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