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Enron Mail |
Attached is an email from Rogelio Lopez Velarde summarizing the current
status of the Amparo proceeding related to the Vitro project. The attached analysis clearly differs from the information provided by the Lopez Velarde firm at the end of December when they indicated the Amparo proceeding should be dismissed by the end of January. As I believe you are aware, the dismissal with prejudice of the Amparo proceeding is a condition precedent to first disubursement under the Vitro Loan Agreement. Although there are still many other conditions that must be satisfied before first disbursement can occur, we do not anticipate that six weeks will pass before such conditions have been satisfied. Therefore, I contacted the inhouse attorney for the lender, the Inter-American Development Bank, to discuss the status of the Amparo proceeding with him. At my urging, he has agreed that the Inter-American Development Bank will waive the dismissal of the Amparo proceeding as a condition to first disbursement and will, instead, require that the proceeding be dismissed prior to second disbursement. I have been informed that second disbursement will not occur until at least a month subsequent to first disbursement. In such case, it is anticipated that the waiver of this condition to first disbursement will provide sufficient time for the docket to be cleared and for the Amparo proceeding to be dismissed prior to second disbursement. The project company will be required to request in writing that the Inter-American Development Bank waive this condition precedent and such written request will be prepared after a review to determine whether other waivers may be requested but in sufficient time for the Inter-American Development Bank to process the request through their internal channels prior to the date of first disbursement. Should you have any questions or comments, please do not hesitate to contact me. ----- Forwarded by Peggy Banczak/HOU/ECT on 01/25/2001 04:03 PM ----- Rogelio L?pez Velarde <rlopezv@lvha.com.mx< 01/23/2001 11:19 AM Please respond to Rogelio L?pez Velarde To: "Peggy Banczak" <Peggy.Banczak@enron.com< cc: Subject: Amparo Appeal Dear Peggy: ? Last Friday Jorge Canals and I met with the clerk of the First Circuit Court of Appeals for Mexico City to discuss the appeal filed by the petitioner, Consorcio Desarrollo Econ?mico Mexicano, S.A. de C.V.?This clerk is in charge of?preparing the resolution for the judge that will be presenting the case before the other two judges that compose the?court of appeals. ? The purpose of this first meeting was to deliver copies of all of the other cases that have been dismissed, and to deliver a Memorandum of Law that we prepared for him. ? As you know, it is important that the court of appeals becomes?aware about the fact that the same petitioner has filed 6 almost-identical Amparo complaints, and that all of them have been dismissed with prejudice (there is only one pending an appeal). This is relevant because in all of these cases the courts have dismissed the complaints based on the same grounds: lack of standing, and therefore, such cases were never published. ? As we have monitored, the clerk confirmed to us that our case is number 25 in the docket. Unfortunately, and since the docket order cannot be changed, the clerk believes that the case may be resolved in about 6 weeks. ? As discussed before, we are planning to meet with the sitting judge in-chambers next week, along with the General Counsel of the Energy Regulatory Commission, to see what we can do to expedite the resolution of the case, and more importantly, to make sure that the complaint is conclusively dismissed with prejudice, as required under the financing agreements. ? Very truly yours, ? Rogelio Lopez-Velarde? Hern?n Gonz?lez ? Lopez Velarde, Heftye, Abogados Guillermo Gonzalez Camarena No. 1600, Piso 6 Col. Santa Fe, Centro de Ciudad 01210 Mexico, D.F Telephone: (52) 5081-14-24 Fax: (52) 5081-14-25 e-mail: rlopezv@lvha.com.mx? ? The information contained herein may be confidential and/or privileged.? This information is intended to be reviewed only by the individual or the entity to which is addressed.? If the reader of this e-mail message is not the intended recipient or a representative of the intended recipient you are hereby notified that any review, dissemination or copying of this e-mail message or the information contained herein is prohibited.? If you have received this e-mail message in error, please immediately notify the sender and delete this communication from your system.
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