FW: Items to be reviewed

Let's discuss. Mark

-----Original Message-----
From: Brysch, Jim
Sent: Friday, August 03, 2001 12:48 PM
To: Haedicke, Mark E.
Cc: Thapar, Raj
Subject: Items to be reviewed

Mark,

Per our conversation, here are the items we would like specific guidance on from outside counsel as soon as possible:

1. Regarding the 4 undelivered routes (Memphis to D.C., San Diego to Austin, Seattle to Vancouver, and Salt Lake to Denver), what is the probability someone could buy the contracts from 360 and "Put" the routes to EBS?

2. If 360 were to reject the contracts where they pay EBS annual lease payments (Amarillo to Austin and Houston to New Orleans):
How would the court go about calculating EBS' damages (would future payments be included)?
Would we have the right to offset the damages against future lease payments to them?
Would EBS get the fibers back?

3. Regarding the swap where EBS delivered its route to 360 over a year ago, and 360 delivered Minneapolis to Detroit 1-2 weeks previous to filing (papered as one deal):
What is the probability this would be viewed as a preferential transaction?
If preferential, would the entire swap unwind, or could the court unwind only the 360 delivery?

4. If 360 rejects IRUs where they have paid EBS (or LJM/Trust) the total amount up-front, what is the probability EBS will have to refund all or a portion of the money?

5. Worst case scenario, if 360 rejects all contracts where they are paying EBS for future O&M and Collocation:
How would the court go about calculating EBS' damages (would future payments be included)?
Would we have the right to offset the damages against future payments to them for O&M and Collocation?

Thanks again for your help.
Jim B.