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Enron Mail |
Kay-I have reviewed the GE acknowledgment, and I believe it does everything
InterGen would want in that GE permits the multiple transfers all the way to the project company (Larkspur) and GE acknowledges that the transfers will not result in a breach of the Facility Agreements. I have also reviewed the unanimous consents and find them to be OK. I propose going back to George with the proposal that simultaneously with the execution of the unanimous consent that ENA be permitted to exercise its puts under the two LLC, which can be done with InterGen's consent and InterGen's receipt of an acknowledgment from GE that the exercise of the put will not in any manner prejudice the rights under the Facility Agreements (which in view of the transfer of the turbines and the Facility Agreements being permitted by GE, such a request may be superfluous, but I'd like to have it anyway). I considered also recommending a release from ENA's obligations under the Letter Agreements, but I think that may be pushing too far. Let me know your thoughts. Regards John Confidentiality Notice This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
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