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Enron Mail |
Team,
I do not know if we have a full and complete set of documents, and if so, how long it will take to get these documents copied. Ben, can you address that issue? I don't want to assume that this is a slam dunk, as this is the kind of thing you can trip up on, especially since they are on a tight construction schedule. I'm not sure I understand his second comment. Kay ---------------------- Forwarded by Kay Mann/Corp/Enron on 12/11/2000 12:53 PM --------------------------- "George Kutzschbach" <gkutzschbach@fulbright.com< on 12/11/2000 12:15:15 PM To: Ben.F.Jacoby@enron.com, Kay.Mann@enron.com, CCampbell@KSLAW.com, JKeffer@KSLAW.com cc: areynaud@coral-energy.com, dwhaley@coral-energy.com, TSeigler@coral-energy.com Subject: Three (3) letter agreements I have not received all TEH's comments, however, in the interest of time I am passing along the following changes to all three (3) of the letter agreements: Section 3(g): The addition of "in ENA's possession" should be deleted from Section 3(g). We were told that Exhibit T (or Exhibit B-2 in the case of the ABB) was deleted from the Facility Agreement because the documents had already been furnished to ENA. If all these documents have been furnished by GE (or ABB), then the addition of "in ENA's possession" is not needed. If all of these documents have not been furnished by GE (or ABB), then the Facility Agreement should specify the documents not yet furnished and bind GE to furnish those not yet furnished, and in the letter agreement ENA should covenant to deliver the specified documents which have been furnished. Section 6(b): Clause (iv) of Section 6(b) should be revised as follows: "(iv) following the date from the execution of the Facility Agreement through the closing of the Transaction, neither ENA nor the LLC will not have agreed to or issued agree to or issue any written election or waiver with respect to the Facility Agreement as of the date of closing." The draft of the Facililty Agreement contemplates that the date of the Facility Agreement and the date of execution are the same.
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