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-----Original Message----- From: melanie.gray@weil.com@ENRON Sent: Friday, February 22, 2002 12:54 AM To: Gray, Barbara N. Cc: Denetsosie, Troy; brian.rosen@weil.com Subject: Re: FW: AEP Refunds - Legal Opinion My view is that we cannot return this without court approval. I assume that the funds paid into Company 1647, HPLR -- Division of 0058 were swept into Enron Corp.'s centralized cash accounts. Given the cumulative size of these payments, I don't think we should go forward without court apporval. Also, a financial examiner has just been appointed at ENA to review the cash management and cash flow between ENA and Corp. I wouldn't want to allow this payment to go out right before the examiner gets started. In addition, are we certain that Exxon doesn't owe ENA or Corp any amounts due and owing? If it does, I think that further complicates the analysis. Brian, if you disagree, let me know; but as it stands, we would need court approval to return these funds. Thanks. "Gray, Barbara N." <Barbara.N.Gray@ENRON.com< on 02/20/2002 04:14:53 PM cc: "Denetsosie, Troy" <Troy.Denetsosie@ENRON.com< Subject: FW: AEP Refunds - Legal Opinion Melanie, same request as prior email....Many thanks, Barbara < -----Original Message----- < From: Denetsosie, Troy < Sent: Wednesday, February 20, 2002 3:22 PM < To: Gray, Barbara N. < Cc: Sewell, Doug; Coffey Jr., Jim < Subject: RE: AEP Refunds - Legal Opinion < < Barbara, < < In reply, I send the following document which provides a summary of the Exxon misdirected funds. < < < <<Exxon Refund Summary.doc<< < Please contact me if you have further questions or require documentation. < < Troy < < -----Original Message----- < From: Gray, Barbara N. < Sent: Wednesday, February 20, 2002 1:46 PM < To: Denetsosie, Troy < Subject: RE: AEP Refunds - Legal Opinion < < Troy, if you need an "opinion, I will need to forward all the facts related to the 2 transactions in question....please provide them separately via email and I will arrange for a Weil lawyer to opine on each situation. Regards bng < < -----Original Message----- < From: Denetsosie, Troy < Sent: Wednesday, February 20, 2002 10:42 AM < To: Gray, Barbara N. < Subject: RE: AEP Refunds - Legal Opinion < < Barbara, < < Can you refer me to someone with Weil, Gotshall? This is a follow-up to my voice mail. < < Thanks. < < -----Original Message----- < From: Sewell, Doug < Sent: Tuesday, February 19, 2002 4:50 PM < To: Denetsosie, Troy < Subject: RE: AEP Refunds - Legal Opinion < < Thanks, Troy. Dave Gorte wants an opinion from Weil, Gotshall specifically < -----Original Message----- < From: Denetsosie, Troy < Sent: Tuesday, February 19, 2002 4:33 PM < To: Sewell, Doug < Subject: AEP Refunds - Legal Opinion < < Doug, < < I called and left a message with Barbara Gray, ENA Legal. I asked her who I can contact in order to get an opinion regarding the El Paso and Exxon refunds to AEP. < < I have not heard back from her yet, but I will get you an opinion as soon as possible. < < Troy ********************************************************************** 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: Exxon Refund Summary.doc) ---------------------------------NOTE----------------------------------------- The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email (postmaster@weil.com), and destroy the original message. Thank you ============================================================================== - Exxon Refund Summary.doc
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