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Patrice,
Please let me know this is workable and I will get this issued ASAP. Thanks Rob Smith Retail/Alliance Credit Manager 1000 Louisiana Street Suite 5800 Houston, TX 77002 Phone 713.767.6090 Fax 713.767.8772 ----- Forwarded by Rob Smith/HOU/Dynegy on 09/24/01 01:54 PM ----- Ernie Kohnke To: Rob Smith/HOU/Dynegy@Dynegy 09/24/01 01:53 cc: PM Subject: Re: Enron's Proposed Modifications for Parental Guarantee(Document link: Rob Smith) Rob, I have made a few changes and one correction. I deleted the reference to "must pay within 5 business days" added to paragraph 3. If Enron does make a demand under this guaranty, there is no way we can make payment within those 5 days (especially since we will need to rely on an outside party to provide data to us). As you know, however, when we receive a demand under a guaranty, we move quickly to verify the request and make payments where appropriate. I completed the information in paragraph 4(a). I deleted the second copy of the reps and warranties of corporate authority. Finally, I reinserted "excluding choice of law provisions . . . " language to try to keep the case under Texas law, assuming a dispute ever arises. All told, most of the changes look fine. Thanks. Ernie (See attached file: Dyn to Enron 1.doc) Rob Smith To: Ernie Kohnke/HOU/Dynegy@Dynegy 09/24/01 cc: Thomas White/HOU/Dynegy@Dynegy 11:15 AM Subject: Enron's Proposed Modifications for Parental Guarantee ----- Forwarded by Rob Smith/HOU/Dynegy on 09/24/01 11:14 AM ----- "Mims, Patrice L." To: <rob.smith@dynegy.com< <Patrice.L.Mims@ cc: enron.com< Subject: Enron's Proposed Modifications for Parental Guarantee 09/24/01 11:11 AM ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender or reply to Enron Corp. at enron.messaging.administration@enron.com and delete all copies of the message. This e-mail (and any attachments hereto) are not intended to be an offer (or an acceptance) and do not create or evidence a binding and enforceable contract between Enron Corp. (or any of its affiliates) and the intended recipient or any other party, and may not be relied on by anyone as the basis of a contract by estoppel or otherwise. Thank you. ********************************************************************** (See attached file: Dynegy HOldings Parent Guaranty) - Dyn to Enron 1.doc - Dynegy HOldings Parent Guaranty
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