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Enron Mail |
Martha:
Thanks for getting the changes to the form of guaranty approved. Will you please have the guaranty dated effective as of January 1, 2001? Also, who will be the party signing the guaranty, and when can we expect to receive the signed guaranty? In addition, when the guaranty has been signed on your part, will you please fax a copy to me at (713) 646-3490? Again, thank you for your assistance on this. Marie 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: Tuesday, September 25, 2001 1:56 PM To: Breslau, Craig; Ortiz, Lucy; Heard, Marie Cc: crax1504@pmicim.com; frosenzweig@dca.pemex.com; gpfx2303@pmicim.com; mmax1805@pmicim.com; rhinojosa@dcf.pemex.com; xantonio@dca.pemex.com Subject: RE: Pemex Guaranty - Enron Marie: Our Corporate Lawyers just agreed to your suggested addition to the Recitals Section. In order to be able to execute the Guaranty we need the final blessing of Hacienda, which should be no problem and is already in process. Carlos Riveroll contacting you to reach an agreement regarding the Amendment to the MSA to incorporate the Guaranty. In the mean time we will prepare the execution copyes be ready to sign it. Best regards, Martha Navarro -----Original Message----- From: Marie.Heard [mailto:Marie.Heard@enron.com] Sent: Viernes, 21 de Septiembre de 2001 04:55 p.m. To: IMCEANOTES-mnavarro+40gas+2Epemex+2Ecom+ Cc: Craig.Breslau; Lucy.Ortiz 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 << File: WINMAIL.DAT <<
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