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Enron Mail |
We have determined that we will begin papering some pure SWAPS on the ENA
"deemed ISDA" form of agreement because our business people do not believe that our counterparties will ever want to do multiple swaps with us, and they'll be generally "scared off" by the ISDA form agreements. Question for you: The confirmation of the "deemed ISDA" provides as follows: "This Confirmation is a complete and binding agreement between you and us as to the Transaction. Until a Master Agreement is executed by you and us, all currently existing swap, option or other financially-settled derivative transactions between the parties shall be governed by the terms and conditions set forth in any Annex attached hereto...." Given this language, are we obligated to present the counterparty with a form of ISDA Master Agreement and more or less "go through the motions" in this regard? Please advise at your earliest convenience...Marianne
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