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If we did sign it prior to getting bank approval, we would likely have to
make the WIC portion of the release, subject to the bank approval. Otherwise Huber could be put into the position of having the obligations but being unable to complete it obligation due to a WIC process out of Huber's control. But assuming that was done, I don't see why we couldn't sign the agreement now. Mark Whitt@ENRON Sent by: Mark Whitt@ENRON 11/02/2000 05:42 PM To: Gerald Nemec/HOU/ECT@ECT, Chris Meyer/HOU/ECT@ECT, Paul T Lucci/NA/Enron@Enron cc: Subject: Huber WIC capacity assignment I spoke with Steve Saye at WIC today and he said that they interpret the tarrif to read that a release done at the full negotiated contract rate is the same as the maximum rate. Therefore we can release at the $.12 rate. He also stated that he would begin the approval process with the banks for the release but thought that there would be no problem with Huber's credit. He did state that the bank approval timing was out of his control but he would try to expedite it. In addition, he felt that the best way to do the release was to do it with the first bidder meeting minimum terms and have Huber ready to take it. He said that it would not have to be noticed ahead of time so noone would know that it was going to hit the board. My question is, can we get the contract with Huber signed prior to receiving the bank approval for the WIC peice? Mark
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