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Thanks for your comments. I will let you know our lawyers reaction to
your explanatiion to point 1. Best regards, Martha Navarro -----Original Message----- From: Marie.Heard [mailto:Marie.Heard@enron.com] Sent: Viernes, 21 de Septiembre de 2001 04:58 p.m. To: Martha Navarro-Maldonado Subject: FW: Pemex Guaranty - Enron < -----Original Message----- < From: Heard, Marie < Sent: Friday, September 21, 2001 4:55 PM < To: 'mnavarro@gas.pemex.com@ENRON' < Cc: Breslau, Craig; Ortiz, Lucy < Subject: RE: Pemex Guaranty - Enron < < Ms. Navarro: < < Thank you for sending your comments to the guaranty. Please note our < comments below. < < Marie Heard < Senior Legal Specialist < Enron North America Corp. < Phone: (713) 853-3907 < Fax: (713) 646-3490 < marie.heard@enron.com < < < -----Original Message----- < From: mnavarro@gas.pemex.com@ENRON < [mailto:IMCEANOTES-mnavarro+40gas+2Epemex+2Ecom+40ENRON@ENRON.com] < Sent: Friday, September 21, 2001 10:50 AM < To: Breslau, Craig; Ortiz, Lucy; Heard, Marie < Cc: crax1504@pmicim.com; gpfx2303@pmicim.com; mmax1805@pmicim.com; < rhinojosa@dcf.pemex.com; xantonio@dca.pemex.com < Subject: Pemex Guaranty - Enron < < < Lucy: < < Following please find our Corporate Lawyers comments to the changes < you < requested to the Guaranty we are working on: < < 1. Recitals. We do not see why it would be necessary to add that < "The Guarantor will directly or indirectly benefit from the < Transactions between the Beneficiary and PMI". Please explain. < [Heard, Marie] Because (i) it is a correct statement and (ii) it < clarifies the element of consideration which is essential for purposes < of enforceability. < < 2. Section 1. Considering that Pemex normally needs 5 business < days to request funds in foreing currencies to the Central Bank, we < need to change the payment date to be 5 Business Days after receipt of < the Payment Demand instead of 3 days. [Heard, Marie] We are okay < with this change. < < 3. Section 6. Jurisdiction. We think that New York Jurisdiction is < a good option and probably the most experienced in terms of < derivatives < trading, and therefore we prefer to keep the "exclusive" jurisdiction < of any federal court sitting in the Borough of Manhattan. [Heard, < Marie] We are okay with the "exclusive" jurisdiction. < < The rest of your comments are acceptable to us. Carlos Riveroll will < be sending you PMI?s comments to the amendment to the MSA, so we can < finalize this as soon as posible. < < Best regards, < < Martha Navarro < < - WINMAIL.DAT << File: WINMAIL.DAT << ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you. ********************************************************************** - WINMAIL.DAT
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