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Ellen:
Feel free to send the language. I'm not sure Peter knows what parts of the agreement need to be modified. And yes, I think it would be helpful if everyone discussed the changes and methodology ahead of time. Sara -----Original Message----- From: Su, Ellen Sent: Tuesday, November 13, 2001 1:01 PM To: Shackleton, Sara Subject: RE: SWAP Unwinding Sounds good. That is the type of language we were trying to express. Do you mind if I send a copy to Peter Anderson? Do you think it would be helpful if we all sat down together to discuss any further changes to the document? Thanks for all your help. -----Original Message----- From: Shackleton, Sara Sent: Tuesday, November 13, 2001 11:05 AM To: Su, Ellen; Shahi, Pushkar Subject: RE: SWAP Unwinding How about changing the last sentence of Par. 8.1(b) to read as follows: "The Parties shall designate Enron North America Corp. as the calculation agent for the purpose of determining Breakage Costs (such determination being final and binding on ECTRI, GSCI and the Parties) and Enron North America Corp. shall take into consideration the two Quotations and the Estimate and any other information that it in good faith deems relevant." The above language would preserve each swap party obtaining a quote from an "Authorized Bank" [NOTE: you need to amend the definition of to provide that ENA must have the ISDA with the bank and not ECTRI!] and properly authorize ENA to serve as calc agent [which you are]. There won't be other changes to the existing Sale and Purchase Agreement. Let me know what you think. Sara -----Original Message----- From: Su, Ellen Sent: Tuesday, November 13, 2001 8:10 AM To: Shackleton, Sara Subject: FW: SWAP Unwinding Sara-- The following message is in regard to Greenfield Shipping. What is your opinion on this issue? I will call you to discuss. Ellen -----Original Message----- From: Anderson, Peter N. Sent: Tuesday, November 13, 2001 6:07 AM To: Su, Ellen Cc: Wesner-Soong, Sarah; Rogers, Daniel R. Subject: FW: SWAP Unwinding Ellen- FYI. Let's discuss today. Regards -----Original Message----- From: hiroyuki.nikaido@mail.mol.co.jp@ENRON Sent: Tuesday, November 13, 2001 5:40 AM To: Anderson, Peter N.; drogers2@ei.enron.com Cc: itoh@smbc-cm.com; hartley@smbc-cm.com; takeshi_okamoto@gb.smbcgroup.com; takashi.maruyama@mail.mol.co.jp; drb@jsm.com.hk; junji.sakuma@mail.mol.co.jp; Hisashi.Umemura@mol-finance.co.uk Subject: SWAP Unwinding Peter, Dan, Please see our opinion about the procedure of Swap Cancellation as below: 1.We appointed follwoing persons as our swap trader. Mr. Michael Hartley Ms. Yumi Ito of SMBC London 2.How to calculate Swap Breakage Cost We understnad the definition of "Reverse Transaction" in the Schedule One of the Contract means that banks (and ECTRI) calculate breakage cost with theoretical mean interest rate excluding any margin,(not with Libid) Appreciate your confirmation Regards H.Nikaido
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