|
|
Enron Mail |
Carol,
This is the last correspondence I show with Engage on behalf of Janice (other than guaranty correspondence) and I can't even find these attachments in her directory. Paul Radous was under the assumption this was executed. He is calling George Wood to see if Woody has spoken with them. Paul said this is of utmost priority and I will put Janice's file in your in-box. Thanks for your help, Genia ----- Forwarded by Genia FitzGerald/HOU/ECT on 05/16/2001 10:04 AM ----- Janice R Moore 03/28/2001 02:48 PM To: deb.robinson@engageenergy.com cc: George Wood/Corp/Enron@Enron, Genia FitzGerald/HOU/ECT@ECT, Rhonda L Denton/HOU/ECT@ECT, Paul Radous/Enron@EnronXGate, peter.fregeau@engageenergy.com Subject: Engage Energy America LLC - Enron Power Marketing Inc. EEI Master Deb: Attached are Enron's revisions to the draft Cover Sheet and Supplement that you submitted to us. Peter Leier asked me to work with you on progressing this master in his absence. Please note that the credit provisions reflect the discussions that each of our credit departments have had over the last several months. The guarantees referred to here have already been negotiated in the context of another deal (which will be brought under the umbrella of this Master when it is executed), and they are due to be executed and delivered by each party very soon. We have included our standard provision that will bring all outstanding transactions listed on Attachment A under the terms of the EEI MAster, but we have not included an attachment yet b/c there may be several outstanding transactions by the time we execute this master. Also note that my comments have borrowed heavily on the provisions of the ISDA agreement and schedule that I understand is being executed this week between Engage and Enron North America Corp. For example, you had checked the box on the Cover Sheet electing sec. 2.4 to apply, but that provision would be inconsistent with the ISDA Schedule 5(e). We believe it is preferable to follow the basic structure of the EEI documentation as other industry members are doing, leaving the "boilerplate" Master unmarked and putting all the changes at the end of the Cover Sheet, and so that's where you'll see the standard language that Enron adds to the Master. We believe that, true to the bilateral nature of these arrangements, such changes benefit both parties. Rather than attaching a separate Supplement, we would add to the Cover Sheet the changes you proposed in the Supplement after we've negotiated those changes. Please call me with any questions or comments. Regards, Janice EB3811 Assistant General Counsel, Enron North America Corp. 713-853-1794 (Fax: 713-646-3490)
|