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Enron Mail |
Gerald,
I reviewed the guaranty. There are some legal issues that must be approved by Jim Derrick. The first is the lack of carve out for indirect damages and the second is the choice of law and jurisdiction provision. I personally am opposed to the form being presented and the fact that we either execute it or we don't play. However, the final acceptance of the guarantee is not my call. The process of obtaining approval from Mr. Derrick is as follows: (1) He requires that a lawyer from the legal group representing the business unit draft up a short memo for his attention describing the deal, the specific provisions that are in opposition to Enron Corp. policy (here, it would be indirect damages and choice of law/jurisdiction) and the business justification for doing so. For a faster response, it is recommended that the lawyer also leave a voice mail message for Mr. Derrick briefly describing the issues. He is pretty quick in returning responses. I believe that he will be out of the office until Monday, but can be reached by voice mail. If and when approved, it is suggested that Mr. Derrick also leave me a voice mail message indicating his approval. Once done, I can intial off on the guarantee and will add a copy of the memo to the Guarantee file (you can also send to me a copy of the memo). Let me know if you have any questions. Clement -----Original Message----- From: Nemec, Gerald Sent: Thursday, March 22, 2001 10:10 AM To: Abrams, Clement Subject: FW: Kern P/G Clement, The form of Kern River guaranty is attached at the end of this email. This is the form we would use for both the ENA bid and the 5 other third parties who have submitted bid on behalf of ENA. Please review. ----- Forwarded by Gerald Nemec/HOU/ECT on 03/22/2001 10:03 AM ----- Stephanie Miller@ENRON 03/20/2001 01:58 PM To: Gerald Nemec/HOU/ECT@ECT cc: Subject: FW: Kern P/G ---------------------- Forwarded by Stephanie Miller/Corp/Enron on 03/20/2001 01:58 PM --------------------------- From: Veronica Espinoza/ENRON@enronXgate on 03/20/2001 11:25 AM To: Clement Abrams/ENRON@enronXgate cc: Stephanie Miller/Corp/Enron@ENRON, Julie A Gomez/HOU/ECT@ECT Subject: FW: Kern P/G Clement, Per my voicemail, attached below is the Gty format for Kern River. The info is as follows: Entities: ENA and Kern River Gas Transmission Company Amount: $1.2MM Expiration: 6/30/2003 Address: Kern River Gas Transmission Company Attention: Paula Lauritzen 2800 Post Oak Blvd. Houston, TX 77056 Again, it is extremely important that this gty is issued prior to March 26th (next Monday), as that is the absolute deadline that Kern River is giving ENA. Give me a call if you need any other info. Thanks again, Veronica -----Original Message----- From: "Fernandez, Richard W" <Richard.W.Fernandez@Williams.com<@ENRON [mailto:IMCEANOTES-+22Fernandez+2C+20Richard+20W+22+20+3CRichard+2EW+2EFernand ez+40Williams+2Ecom+3E+40ENRON@ENRON.com] Sent: Tuesday, March 20, 2001 11:13 AM To: Espinoza, Veronica Cc: Lauritzen, Paula M Subject: Kern P/G As discussed.. <<KERNGTY.DOC<< Richard Fernandez Treasury Dept. Williams Gas Pipeline Company Ph: 713-215-3645 Fax: 713-215-3648 - KERNGTY.DOC << File: KERNGTY.DOC <<
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