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Enron Mail |
Tammy:
Your redraft is fine with two exceptions: (1) We need to define "business day" which is used throughout the agreement and is never defined. I propose capitalizing the term throughtout your document and using the ISDA definiton or one which recognizes those days on which banks are open in NY and Houston. (2) ENA cannot agree to arbitrate before the National Futures Association and you are no longer required to use that forum for arbitration. The situs is fine. I would like to again suggest the language which I originally proposed. If we cannot agree, can we be silent as to jurisdiction? Please let me hear form you. Sara Shackleton Enron Wholesale Services 1400 Smith Street, EB3801a Houston, TX 77002 Ph: (713) 853-5620 Fax: (713) 646-3490 -----Original Message----- From: Tammy.Botsford@morganstanley.com@ENRON [mailto:IMCEANOTES-Tammy+2EBotsford+40morganstanley+2Ecom+40ENRON@ENRON.com] Sent: Tuesday, October 02, 2001 3:26 PM To: Shackleton, Sara Subject: Commodity Futures Customer Agreement Sara, I'm attaching a draft of the futures agreement to "get the ball rolling" again. I believe I have included the terms you indicated were most important. One item I would like to bring to your attention is the arbitration clause. Morgan Stanley prefers to litigate disputes, but I can agree to NFA arbitration rather than litigation. I know New York is our preferred location, and Texas is yours, so I thought that holding the arbitration in Chicago might equally inconvenience us. Please let me know if this works for you. Regards, Tammy - 1_Redline Enron Cust Agr.doc << File: 1_Redline Enron Cust Agr.doc <<
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