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Enron Mail |
Sorry for the last minute change, but I was just informed that they want everything dated tomorrow, the 28th.
-----Original Message----- From: Garberding, Michael Sent: Thursday, September 27, 2001 12:48 PM To: Koehler, Anne C. Subject: RE: Mahonia Limited Yes -- we just decided upon that. Sorry for the last minute change. We plan to get everything finalized today with transaction occurring tomorrow. Thanks. -----Original Message----- From: Koehler, Anne C. Sent: Thursday, September 27, 2001 12:42 PM To: Garberding, Michael Cc: Abrams, Clement; Jones, Tana Subject: FW: Mahonia Limited Are we changing the date on all documents to the 28th? Please let me and Clement know asap. -----Original Message----- From: John.Vollkommer@chase.com@ENRON <mailto:John.Vollkommer@chase.com@ENRON< <<mailto:John.Vollkommer@chase.com@ENRON<< [mailto:IMCEANOTES-John+2EVollkommer+40chase+2Ecom+40ENRON@ENRON.com] <mailto:[mailto:IMCEANOTES-John+2EVollkommer+40chase+2Ecom+40ENRON@ENRON.com]< <<mailto:[mailto:IMCEANOTES-John+2EVollkommer+40chase+2Ecom+40ENRON@ENRON.com]<< Sent: Thursday, September 27, 2001 12:35 PM To: Koehler, Anne C. Cc: IMCEANOTES-John+OU=2EVollkommer/40chase/2Ecom/40ENRON@ENRON.com <mailto:IMCEANOTES-John+OU=2EVollkommer/40chase/2Ecom/40ENRON@ENRON.com< <<mailto:IMCEANOTES-John+OU=2EVollkommer/40chase/2Ecom/40ENRON@ENRON.com<<; Garberding, Michael; Quaintance Jr., Alan Subject: RE: Mahonia Limited Looks okay. Are you going to e-mail me a clean set of docs so that I can send them to Mahonia (we need to change all references from Sept. 27 to Sept.28)? The authorized signatory will apparently only be available there in the morning. Anne.C.Koehler@enron.com <mailto:Anne.C.Koehler@enron.com< <<mailto:Anne.C.Koehler@enron.com<< on 09/27/2001 01:06:23 PM To: IMCEANOTES-John+2EVollkommer/40chase/2Ecom/40ENRON@ENRON.com <mailto:IMCEANOTES-John+2EVollkommer/40chase/2Ecom/40ENRON@ENRON.com< <<mailto:IMCEANOTES-John+2EVollkommer/40chase/2Ecom/40ENRON@ENRON.com<< cc: Michael.Garberding@enron.com <mailto:Michael.Garberding@enron.com< <<mailto:Michael.Garberding@enron.com<<, Alan.Quaintance.Jr@enron.com <mailto:Alan.Quaintance.Jr@enron.com< <<mailto:Alan.Quaintance.Jr@enron.com<< Subject: RE: Mahonia Limited Here are the suggested language additions for the Mahonia confirmation to allow for assignments and disclosure of information to assignees.Let me know if this is acceptable. 6. Confidentiality. The contents of this Confirmation, the Transactions hereunder and all other documents relating thereto (hereinafter collectively referred to as "this Agreement"), and any information made available by one party to the other party with respect to this Agreement is confidential and shall not be disclosed to any third party (nor shall any public announcement relating to this Agreement be made by either party), except for such information (i) as may become generally available to the public, (ii) as may be required or appropriate in response to any summons, subpoena, or otherwise in connection with any litigation or to comply with any applicable law, order, regulation, ruling, or accounting disclosure rule or standard, (iii) as may be obtained from a non-confidential source that disclosed such information in a manner that did not violate its obligations to the non-disclosing party in making such disclosure, or (iv) as may be furnished to the disclosing party's Affiliates, and to each such person's auditors, attorneys, advisors or lenders which are required to keep the information that is disclosed in confidence; provided, however, that either party may disclose such information to a permitted assignee. (e) Assignments. For the purpose of this Transaction, Section 7 of the ISDA Agreement is hereby amended by adding the following to the end of the section: "; provided, however, that Party A may transfer its rights and obligations under this Transaction to any Affiliate so long as the obligations of such Affiliate are guaranteed by Enron Corp. and any changes necessary to reflect such transfer have been made to the Letters of Credit provided hereunder; and provided further, however, that Party B may assign its rights under this Transaction as security for a hedging contract entered into by Party B." -----Original Message----- From: John.Vollkommer@chase.com@ENRON <mailto:John.Vollkommer@chase.com@ENRON< <<mailto:John.Vollkommer@chase.com@ENRON<< [mailto:IMCEANOTES-John+2EVollkommer+40chase+2Ecom+40ENRON@ENRON.com] <mailto:[mailto:IMCEANOTES-John+2EVollkommer+40chase+2Ecom+40ENRON@ENRON.com]< <<mailto:[mailto:IMCEANOTES-John+2EVollkommer+40chase+2Ecom+40ENRON@ENRON.com]<< Sent: Thursday, September 27, 2001 11:01 AM To: Koehler, Anne C. Subject: Mahonia Limited ---------------------- Forwarded by John Vollkommer/CHASE on 09/27/2001 11:58 AM --------------------------- "Julie Carter" <Julie.Carter@mourant.com <mailto:Julie.Carter@mourant.com <mailto:Julie.Carter@mourant.com <mailto:Julie.Carter@mourant.com<<< on 09/27/2001 11:20:48 AM To: John Vollkommer/CHASE@CHASE <mailto:Vollkommer/CHASE@CHASE< <<mailto:Vollkommer/CHASE@CHASE<< cc: "Ian James" <Ian.James@mourant.com <mailto:Ian.James@mourant.com <mailto:Ian.James@mourant.com <mailto:Ian.James@mourant.com<<< Subject: Mahonia Limited John Further to our discussions I have discussed the tax situation with the Directors of Mahonia Limited and they have advised that: Mahonia Limited has taken no tax or legal advice in connection with the transaction and is not represented in the US by US council. However, the Directors believe that Mahonia Limited is only carrying on a trade or business in the island of Jersey and accordingly the applicable law is that of the island of Jersey and there is no withholding tax under Jersey Law. They are happy to provide the representations detailed in Annex A to the ENAC Swap and to complete the W8-ben form on the basis of their understanding as described above. Kind regards Yours sincerely For and on behalf of Mourant & Co. Secretaries Limited Julie Carter Website: <<http://www.mourant.com<;< The information in this email is confidential. The contents may not be disclosed or used by anyone other than the addressee. If you are not the intended recipient, please notify us immediately at the above E-mail address or telephone +44 1534 609000 We cannot accept any responsibility for the accuracy or completeness of this message as it has been transmitted over a public network. 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