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Enron Mail |
Alan
Russell says he would like to go through his recorded conversations with Hyundai to refresh his memory. He has asked to the meeting with WFW to be on Tuesday (5 Oct). I will try to schedule Suzanne's and Neale's attendance for Tuesday, and update you after the meeting. Matt Alan Aronowitz 09/30/99 10:11 PM To: Matthias Lee/SIN/ECT@ECT cc: Anita Fam/SIN/ECT@ECT, Angeline Poon/SIN/ECT@ECT, Richard B Sanders/HOU/ECT@ECT Subject: Re: "PACIFIC VALOUR" Matt: Please advise as to any update after Neale/Suzanne soeak with Russell and Sheila reagrding the conversations with Hyundai. Thanks. Matthias Lee 09/29/99 08:23 PM To: Alan Aronowitz/HOU/ECT@ECT, Anita Fam/SIN/ECT@ECT cc: Angeline Poon/SIN/ECT@ECT Subject: "PACIFIC VALOUR" FYI. Matt ---------------------- Forwarded by Matthias Lee/SIN/ECT on 09/30/99 09:15 AM --------------------------- akwan@wfw.com on 09/29/99 06:57:30 PM To: Matthias Lee/SIN/ECT@ECT cc: ngregson@wfw.com, sbainbridge@wfw.com Subject: "PACIFIC VALOUR" Dear Matt I refer to our discussions today. We have reviewed the transcript between Russell and Hyundai, together with the cited case which neatly summarises many of the principles of repudiation and affirmation. On its own, we do not consider that the transcript changes the position. (We are assuming that this conversation was the last before parties began to communicate only in writing). Although we agree that Hyundai's position is somewhat equivocal in this fax, it was superceded by later written correspondence which gives a timeframe for Hyundai to affirm the contract or accept Enron's breach. The later responses from Hyundai seems clear in its acceptance of repudiation. However, both Neale and I think it might be a good idea if we speak with Russell and Sheila together with you (perhaps with a view to taking short statements from them). If both their views are that Hyundai were equivocal in various conversations and given Hyundai's earlier rather relaxed attitude to vessel nomination, there may be some scope for constructing a stronger case that they elected to affirm the contract. If this suits, both Neale and I would be free Friday morning or late afternoon. Best regards Suzanne
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