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Enron Mail |
Sara,
Number 3 concerns the swap piece of this deal. Stacy ----- Forwarded by Stacy E Dickson/HOU/ECT on 04/16/2001 10:38 AM ----- Paul Chymiy <pchymiy@NUI.com< 04/16/2001 09:44 AM To: Stacy.E.Dickson@enron.com, Mark.Breese@enron.com cc: Brian Rose <brose@NUI.com<, Jennifer Forno <jforno@NUI.com<, Laura DiBenedetto <ldibenedetto@NUI.com<, Terri Sue Gross <tgross@NUI.com< Subject: NUI Agreements I though it might be helpful to review where we stand on the various agreements: 1. Enfolio Agreement between NUI Utilities and ENA - The version (including all Exhibits) that Stacy sent on April 11 (5:23 p.m.) is the final and is acceptable. I have asked Terri Sue to forward NUI's Notice Information (Exhibit A) to Stacy. Stacy, upon receipt, can you please generate the final agreement? 2. Physical Transaction Agreement - I need to review Section 4 with Bob Lurie who will be back in the office tomorrow. 3. April Transaction Confirmation Letter - Stacy, this letter should be addressed to Thomas E. Smith, Director, Energy Planning (who signed the Confirmation). Also, please confirm that the Exhibits are NUI Confirmation Nos. 31060 and 46669. 3. Swap Transaction Agreements - I am attaching a revised version of the Transaction Agreement and Exhibit for Swap V09140.4 from Enron's review. As Mark and I discussed, NUI Corporation, not NUI Utilities, will be the Guarantor. In addition, I have modified the form of Guaranty to make it clear that it only applies to these two Swaps; this is similar to what Enron had agreed to when we were contemplating an NUI Corp. Guaranty for the Enfolio Agreement. I have made this change to the Guaranty because I am not satisfied that the discussion within the Confirmation that purports to limit the scope of the Guaranty is sufficient. I think the limitations need to be set forth within the four corners of the Guaranty itself. If acceptable, the same changes should be made to the Transaction Agreement and Exhibit for Swap V09140.5. <<ENA Swap Confirm Red 4-16-01.doc<< - ENA Swap Confirm Red 4-16-01.doc
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