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Enron Mail |
I think it can be accomplished so long as we have no obligation to agree to
any particular terms in the definitive docs. I don't see why we would need to DASH exclusivity. See you soon, Kay From: Ben F Jacoby @ ECT 02/16/2001 11:30 AM Sent by: Ben Jacoby@ECT To: Kay Mann/Corp/Enron@ENRON cc: Fred Mitro Subject: Re: PSEG - Exclusivity Letter & Comments Isn't that accomplished by having the agreement be simply an exclusivity agreement wherein the consideration for the duration of exclusivity is the $300k? Fred's checking with credit to see if we need to DASH exclusivity (although I find it hard to believe that we would). Kay Mann@ENRON 02/16/2001 08:41 AM To: Ben F Jacoby/HOU/ECT@ECT cc: Fred Mitro/HOU/ECT@ECT, Scott Healy/SF/ECT@ECT, Rusty Stevens/Corp/Enron@ENRON, Carlos Sole/NA/Enron@Enron Subject: Re: PSEG - Exclusivity Letter & Comments Gentlemen, I think we also need to be certain that we have a decent amount of discretion in whether we close, otherwise we have to consider the DASH process at this time. Kay From: Ben F Jacoby @ ECT 02/16/2001 01:12 AM Sent by: Ben Jacoby@ECT To: Fred Mitro/HOU/ECT@ECT cc: Scott Healy/SF/ECT@ECT, Rusty Stevens/Corp/Enron@ENRON, Carlos Sole/NA/Enron@Enron, Kay Mann/Corp/Enron@Enron Subject: Re: PSEG - Exclusivity Letter & Comments From a commercial perspective, I don't have a problem leaving out the exercise price during the 30 day option period, so long as our obligation to sell is contingent upon the negotiation of a purchase agreement and the agreement on purchase price. $300k seems fair for a 30 day exclusivity. Regards, Ben
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