Lisa:? re your point no. 2, shouldn't we also make a fraud claim on the B
bonds?? Even though we no longer own these bonds, we took a big loss on them
because of NSM's fraud and we continue to hold that fraud claim unless we
expressly transferred it to our buyer, which is unlikely.
Steve Howard
Milbank, Tweed, Hadley & McCloy LLP
showard@milbank.com 213-892-4478; 213-892-4748 (fax)
?
-----Original Message-----
From: Lisa Mellencamp [mailto:
Lisa.Mellencamp@enron.com]
Sent: Wednesday, August 02, 2000 9:22 AM
To:
wilailuk.okanurak@linklaters.com;
pichitphon.eammongkolchai@linklaters.com;
paronzon@milbank.com;
showard@milbank.com;
tkreller@milbank.com Cc: Richard B Sanders; Linda Simmons; Deb Korkmas; Donna Lowry
Subject: nsm
1. Mark E. Haedicke, Managing Director and General Counsel of each of Enron
North America Corp., formerly known as Enron Capital & Trade Resources Corp.,
and? ECT Thailand Investments Inc., each a Delaware corporation, will sign
the
powers of attorney for 2 claims, one on behalf of each entity.? Passport info
will be coming for him. Donna W. Lowry, Vice President and Assistant
Secretary,
of ECT Securities GP Corp., which is general partner of ECT Securities
Limited
Partnership, a Delaware limited partnership, will execute the power of
attorney
for that entity and passport info will be coming for her. ECT Securities
Limited
Partnership is the successor by merger to ECT Securities Corp.
2. We will make a claim for $10,000,000 of what we call the C bonds and for
equity issued to each of the 2 companies. We will be making a third
indemnification claim for the parnership as well.
3. I will be sending a package by overnight courier this afternoon with
Certificates of Incorporation and Bylaws for each of the 2 companies with a
corporate secretary's certificate certifying as to (notarized). Apostiles
from
the Secretary of States office of Texas evidencing the notary's authority
(she
will be Deb Korkmas at our office here) will be coming to you directly from
the
law firm of Vinson? & Elkin in Austin, Texas.? The secretary's certificate
will
include list of directors of each with specimen signatures. I will fax as
well.
Info as to the partnership also coming with evidence of merger.
4. I will also be sending resolutions of each of the entities authorizing the
filing of the claims and the powers of attorneys. I will fax as well.
5. The indenture trustee would have been the entity that sent demand letters
etc. None came directly from us, so will not be included.
6. I am sure we can dig up evidence of purchase price, but do we really need
this??? Hard to find and we have the interests.
Lisa J. Mellencamp
Enron North America Corp.
1400 Smith St.
Houston, TX? 77002
Tel:? (713) 853-7986
Fax: (713) 646-3393
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