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We do have an ISDA Agreement in place between Koch Energy Trading and ENA,
but Anthony is correct on a number of accounts. First, we could not put Oslo trades under this master. It is a Local Currency form and could not be used for any non US transaction. Second, it is quite old and our forms have evolved since then and we would not want to replicate this form. Lastly, it has the old "ERMS" style collateral annex, and we would want to use an ISDA Credit Support Annex on a going forward basis. I would suggest contacting Matt Dawson in London Legal and Rod Nelson in London Credit and getting a new master based off our current form. Tana Jones, Houston Legal Matthew Allan 11/09/2000 06:43 AM To: Yumi Takei/OSL/ECT@ECT cc: Anthony Campos/HOU/ECT@ECT, Gail Hill/LON/ECT@ECT, Martin Rosell/OSL/ECT@ECT, Tana Jones/HOU/ECT@ECT, Matthew Dawson/LON/ECT@ECT, European Contract Management Subject: Re: ISDA- Koch Energy Trading Inc Hi Yumi, Yes I realise the entities are going to be different if this turns out to be a ENA ISDA but the by already having an ISDA with the counterparty we can quicken the negotiation process, i.e. 'mirroring' the contract as you say, and having the correct entities in place. Thats what I am proposing we do. This is something we'll need to work with Martin on. Thanks Matthew Yumi Takei 09/11/2000 12:38 To: Matthew Allan/LON/ECT@ECT cc: Anthony Campos/HOU/ECT@ECT, Gail Hill/LON/ECT@ECT, Martin Rosell/OSL/ECT@ECT, Tana Jones/HOU/ECT@ECT, Matthew Dawson/LON/ECT@ECT, European Contract Management, Martin Rosell/OSL/ECT@ECT Subject: Re: ISDA- Koch Energy Trading Inc Hi Matt, I believe we may need to set up a new ISDA since ECTRIC is a different entity than ENA. In the past we have mirrored an existing ENA ISDA in order to create one between the CP and ECTRIC. However, I'll wait to turn in any requests until I hear what we already have with Koch. Thank you, Yumi From: Matthew Allan 09/11/2000 13:26 To: Anthony Campos/HOU/ECT@ECT cc: Gail Hill/LON/ECT@ECT, Martin Rosell/OSL/ECT@ECT, Tana Jones/HOU/ECT@ECT, Yumi Takei/OSL/ECT@ECT, Matthew Dawson/LON/ECT@ECT, European Contract Management Subject: Re: ISDA- Koch Energy Trading Inc Hi Anthony, Can you do me a favour and take a look into this ISDA. The traders in our Oslo office have done a weather deal with Koch Energy Trading Inc. The counterparty mentioned they had an ISDA in place with ECTRIC. We are trading as ECTRIC. But maybe the CP was confused and thought it was ECTRIC instead of ENA. The trader here said she plans to do many more future trades with Koch, and has been asking if we can amend the ENA ISDA to cover Oslo. If you can just confirm what you've got, whats covered etc and if possible send through a copy and I can liaise with Oslo and our legal dept to get them covered. Thanks Matthew 830 36840 ---------------------- Forwarded by Matthew Allan/LON/ECT on 09/11/2000 10:36 --------------------------- Enron Europe From: Stephen Furter 09/11/2000 10:24 To: Matthew Allan/LON/ECT@ECT cc: Matthew Dawson/LON/ECT@ECT Subject: Re: ISDA- Koch Energy Trading Inc Matt, I spoke to Matthew Dawson, and he said there is an old ISDA out there, with an effective & contract date of 23 May 1994 with ECT. It was apparently negotiated in Houston, and the contact there is Tana Jones. There is no copy here in London, but Matt said he would ask Tana, if we could see one. Regards Stephen (Ext:34716) From: Matthew Allan 09/11/2000 10:03 To: Stephen Furter/LON/ECT@ECT cc: Subject: ISDA- Koch Energy Trading Inc Steve, Do we have anything out there for this....should be an ISDA. Dig out anything and everything we've got and send it through cheers matt
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