Enron Mail |
I am in receipt of the Fehr's comments to our option agreement. In reviewing
them, I have the following comments: The paragraph (2) change that says they can compel us to buy their land upon a Triggering Event occurring is not going to work, because this is a put option on their part which hurts our hard cost avoidance issues. We carefully reworded previous put option language to avoid this. Also, how can we be bound to a deal when the agreement has expired ? I think we would need to say that "if we decide to build the plant after the option period expires, then that would serve to extend the term of this agreement, however, if the option agreement expires unexercised for a one year period then we won't be bound to the deal. If the provisions of his comment (5) are indeed parallel to another similar paragraph in the document I don't have a problem with it, but "specific performance" scares me in general. Your (collective) call. Lets wrap this one up fast. I want to resolve it soon so I can use it as leverage with Ledford and not have him influence them. He picked a good to go on vacation, but is back in on Monday. I also told the Fehr's that if we could do this before the 15th I would go for $185,000 vs. $175,000. Since we were about five days longer than promised, I can justify the delay to end of next week, but I don't want them to think I was just blowing smoke on the extra $10,000. Fred : Refresh my memory on who I need to go to for the option payment check ?
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