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Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Ann Ballard X-To: Shonnie Daniel, Gerald Nemec X-cc: X-bcc: X-Folder: \Gerald_Nemec_Dec2000_June2001_1\Notes Folders\Notes inbox X-Origin: NEMEC-G X-FileName: gnemec.nsf FYI ----- Forwarded by Ann Ballard/Corp/Enron on 08/10/2000 11:20 AM ----- "Imus, Neil W." <nimus@velaw.com< 08/10/2000 11:01 AM To: "Eva Neufeld (E-mail)" <Eva_Neufeld@enron.com<, "Ann E. Ballard (E-mail)" <aballar@enron.com< cc: "McCulloch, Bruce C." <bmcculloch@velaw.com< Subject: Procedures to request early termination during the 30 day waiting period where did not request initially in HSR filing August 10, 2000 Eva and Ann: I exchanged voice mail messages with Mike Verne at the FTC's Premerger Notification Office about early termination ("ET") requests. I asked him what was involved if parties did not initially ask for ET but then changed their minds once the 30 day waiting period was underway. Mike's voice mail response is transcribed below. Essentially you just send a letter in indicating you are now interested in ET. Assuming there is no ongoing interest in investigating the transaction further at either agency, it sounds as if you could get ET within 24 hours. * * * * Voice mail message from Mike Verne - August 10, 2000: "Hi Neil Mike Verne back to you on your question about early termination. Either party by letter can request that ET now be granted even if they didn't request it at the beginning of the waiting period. As far as the practicality of it being granted, DOJ ignores whether or not early termination has been requested or not so you will be in the same position with them as you would have been had you requested early termination when you filed. On our end, we would just run it back by whatever litigation shop it was referred to for information to let them know that early termination has now been requested and make sure they don't have any problem with that. Generally they will not or we would have referred it to them for a more substantive review at the beginning. So, usually within 24 hours of requesting it, you can have early termination granted assuming that DOJ is not involved. If you need anything else give me a call (202) 236-3167. Thanks." * * * * Neil Neil W. Imus Vinson & Elkins L.L.P. 1455 Pennsylvania Ave. N.W. #700 Washington, D.C. 20004-1008 Phone: 202-639-6675 Fax: 202-879-8875 e-mail: nimus@velaw.com
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