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Enron Mail |
---------------------- Forwarded by Kay Mann/Corp/Enron on 01/08/2001 03:14
PM --------------------------- From: Roseann Engeldorf on 01/08/2001 03:13 PM To: Kay Mann/Corp/Enron@Enron cc: Lisa Bills/Enron@EnronXGate, Mike J Miller/HOU/ECT@ECT Subject: Re: Revised GE TPA and Letter Per our chat. Rose ----- Forwarded by Roseann Engeldorf/Corp/Enron on 01/08/2001 03:12 PM ----- Roseann Engeldorf 01/08/2001 01:34 PM To: Mike J Miller/HOU/ECT@ECT cc: Lisa Bills/Enron@EnronXGate Subject: Re: Revised GE TPA and Letter Letter My main comment is that the letter states that "ENA has received the requisite mangagement approvals required to execute" the TPA and pay the Order Commitment Payment and the 5% payment. I cannot sign off on this because I do not have any evidence that ENA has received such approval - you should have an ENA lawyer sign off on the letter and the authorization requirements of the TPA. My initials are for the review of the documents to ensure that they comport with the requirements of the financing documents only. TPA In Sections 1© and (d) - "month's" should be "months" - I believe in this case we need a plural, not a possessive. Should have a semicolon at the end of Section 3(a)(2). The last sentence of 3(a) is a little garbled - maybe the phrase "must be met" should be deleted. In Section 5(b)(4), I suggest you add the phrase "unless otherwise agreed by the Parties" at the end of the sentence. I assume that the "Order Commitment Payment" is really an option payment - if it is not, it should be made clear that it can be credited against the termination payment. Thanks, Rose Mike J Miller@ECT 01/08/2001 12:06 PM To: Ozzie Pagan/HOU/ECT@ECT, Janet R Dietrich/HOU/ECT@ECT, Christopher F Calger/PDX/ECT@ECT, Ben Jacoby/HOU/ECT@ECT cc: Lisa Bills/Corp/Enron, Roseann Engeldorf/Corp/Enron@ENRON Subject: Revised GE TPA and Letter Attached is the latest revision of the GE Turbine Purchase Agreement and a cover letter from yours truly. Both have been modified to reflect Lisa Bills comments on contracting entity, language used in the December TurboPark closing and good general editing cleanup. I would like to get this out to GE tonight so that I can put our best foot forward for GE's turbine process meeting on Tuesday morning. On another note, Lisa and Rose, could you take a quick look at the cover letter and get me comments. I will not send any of this out until Janet has gotten Dave Delainey's approval. Regards, Mike J Miller
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