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Enron Mail |
Hi Ed,
I'm dusting this off to figure it out, and it looks like there are some open credit issues. Any thoughts? Thanks, Kay -----Original Message----- From: Denton, Rhonda L. Sent: Monday, July 16, 2001 2:16 PM To: Fitzgerald, Genia; Sacks, Edward; Mann, Kay Subject: Aquila Genia, I am attaching a redlined version of the draft EEI agreement. I have incorporated Aquila's standard language and other changes, in addition to those you proposed. A little bit of explanation might be in order: 1. Aquila's guarantor, "Aquila Energy Corporation", changed its name to "Aquila, Inc." effective February 21, 2001. 2. The language under Downgrade Event for Aquila is rather lengthy. This is due to the fact that Aquila, Inc. will soon be rated and at that time part (b) will apply. Part (a) applies until that time. We have included both in order not to have to change the agreement after we are rated. 3. We have proposed $15,000,000 for collateral thresholds for both parties. We would be willing to adjust this figure higher if you would like, as long as the numbers are the same for both Aquila and Enron. 4. We currently have guarantees in place for both parties for $100,000,000. We can apply $15,000,000 of that to power trades, or another option would be to execute new guarantees in the amount of $15,000,000 to be applied to power only. 5. Section 1.53 - We do not agree to add the last phrase. Sales price, absent a resale, is already defined as market price. The proposed last phrase contradicts that definition and is not acceptable. 6. Section 2.2 - Exhibit B needs to be included. 7. Section 6.2 - We prefer to leave payment terms as they are in the EEI agreement, which is industry standard language. 8. Sections 8.1©, 8.2©, 8.4, and 8.5 - We have inserted language to clarify the collateral threshold and performance assurance process. 9. Sections 9.3. and 10.12 - We have inserted language to cover new taxes and imaged documents. 10. Arbitration - We do not agree to be bound to mandatory binding arbitration. 11. Schedule P - CAISO Firm - We prefer to use the industry accepted definition of CAISO Firm, which is the first sentence of your proposed definition. We do not agree to the additional language. Please contact me when you have reviewed the redlined document. I look forward to working with you to execute this agreement. <<ENRONcoversheetredlined.doc<< Sandy Rimmer Contract Administrator Aquila Energy Marketing Corporation 1100 Walnut, Suite 3300 Kansas City, MO 64106 Phone: 816-527-1625 Fax: 816-527-4625 srimmer@utilicorp.com
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