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Enron Mail |
Kay, you bring up an excellent point. We have addressed this issue in at
least two of the form contracts that I am familiar with; however, I believe only recently. See Section 7.5 of our Dedicated Reserves Form Contract provides: ".......Buyer shall not disclose ......to any third party(other than the Party's and its affiliates' employees, lenders, counsel, accountants or prospective purchasers of any contract rights, general intangibles or accounts hereunder,[ it does not say this in our current form, however I would suggest considering adding here "whether in an asset sale , financing or equity transaction"] in each case who have agreed to keep such terms confidential")................... Sec tion 8.8 of the Enfolio Master Purchase / Sale (natural Gas) form contract contains a similar provision. Kay Mann@ENRON 09/19/2000 12:04 PM To: Sheila Tweed/HOU/ECT@ECT, Julia Murray/HOU/ECT@ECT, Barbara N Gray/HOU/ECT@ECT, Barton Clark/HOU/ECT@ECT, Bob Carter/HOU/ECT@ECT, Stuart Zisman/HOU/ECT@ECT, Lisa Mellencamp/HOU/ECT@ECT, Ed B Hearn III/HOU/ECT@ECT, Matt Maxwell/Corp/Enron@ENRON, Peggy Banczak/HOU/ECT@ECT cc: Subject: Confidentiality provisions in various forms I think all of us who deal with assets are running across confidentiality hurdles in all kinds of agreements, including confidentiality agreements. In short, our business people need the ability to disclose agreements to potential purchasers of projects, contracts and assets, and not all of our forms allow this. I'm trying to include an exception for "potential lenders and investors" whenever I can (instead of just lenders). Does someone have a more artful or effective solution? Just wanted to share the thought so that more eyes could be watching for the issue. Kay
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