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Enron Mail |
Attached are Buy Side Direct's responses to our comments. In response to my
suggestion, Lisa O'Connor has attempted to highlight additions per the attachment (deletions from the original documents are not shown). Please let me know when we can discuss. Jason, hope you had a great vacation. Thanks. Mike x39990 ---------------------- Forwarded by Mike Fowler/Corp/Enron on 09/05/2000 01:12 PM --------------------------- "Lisa O'Connor" <lisa@imarkets.com< on 09/05/2000 02:34:00 PM To: <mike.fowler@enron.com< cc: Subject: FW: BSD revisions in blue Here it is. -----Original Message----- From: Lisa O'Connor [mailto:lisa@imarkets.com] Sent: Friday, September 01, 2000 5:53 AM To: mkfow@cs.com Subject: BSD revisions in blue We have made the changes as marked with the following exceptions/clarifications: Section 2. Limit Orders only? Yes Section 3. Let's discuss. section 4.1. OK on Insert 1 plus some additional language regarding court order/subpoena procedures. Insert 2 is OK with a slight modification: BuySideDirect acknowledges that various affiliates of Subscriber already own and operate other trading facilities, such as EnronOnline and Clickpaper.com, which contain contain features that are similar to those contained in the BuySideDirect System. In addition, BuySideDirect acknowledges that Subscriber has disclosed to it that Subscriber or its affiliates are planning to launch several other trading facilities (which are not currently operational), but which may contain features that are similar to those contained in the BuySideDirect System. In this regard, Subscriber acknowledges that it has not disclosed to BuySideDirect,orally or in writing, any information or specifications regarding the features or any other aspect of any such trading facility. Section 4.4. Let's discuss. Insert 4.6 - This is unnecessary because BSD has, pursuant to Rule 10b-10(a) under the Securities Exchange Act of 1934, the obligation to provide a confirmation to the Subscriber "at or before completion of [the] transaction." "4.7 Insert". Let's discuss. Section 5.1. Let's discuss. Section 5.2. Let's discuss. Section 5.4. Let's discuss. Section 6. Made parallel, made strike out excepting affiliates--added our clearing firm to the indemnity clause in lieu of the strike out. Struck Incidental, left consequential. 8.1. Did not make strike out, added exception, made 8.1 insertion with following modification: However, BuySideDirect is liable for the accuracy, as entered by Subscriber, of all orders and trade terms placed by Subscriber. Section 17.1 Can't make this change. Insert 17.2 - Let's discuss 18. Limitation of Liability. Struck the word 'consequential', otherwise made insertion Regards, Mike Minnich Lisa O'Connor 415-369-5016 415-369-5018 Lisa Mears O'Connor, CFA BuySideDirect LLC a subsidiary of Intelligent Markets, Inc. 415-369-5020 Phone 415-369-5021 Fax - Mike Fowler - additions in blue.doc
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