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Enron Mail |
I took a brief look at the ABN guaranty--while not as offensive as many,
there are several policy issues, including the fact that there is not a limitation on consequential damages, and that it does not have pay after 5 days language that is, in a word essential. While I hate to start a battle of forms, I would recommend sending ABN the standard trading guaranty. Sarah Wesner 06/28/2000 09:37 AM To: Joseph Deffner/HOU/ECT@ECT, Sara Shackleton/HOU/ECT@ECT, Jason Peters/Corp/Enron@Enron, Joel Ephross/Corp/Enron@ENRON, Ed Wood/HOU/ECT@ECT cc: Subject: Margin Lines Good news. ABN Amro told us yesterday that they want to pursue this line and have it closed by the end of the week. They asked us to send them a copy of the documentation where it stands up to now. They gave us a copy of their mark-up of the Corp Guarantee which I gave to all of you. ABN is motivated to get this done and will be amenable on pricing. Bank One talked to Jeff Shankman last night and has agreed to an effective rate of 0 for the initial margin. They will charge us FF+30 but will reimburse us at FF+30 for any cash margins (see Schedule 1.) Also Bank One will charge $2.55 a side for the commission ($5.10 total.) Jeff told Bank One that ENE recently decided to pay all of its brokers the same fee (explains discrepancy between documentation and commission quotes from trading floor.) As for the variation margin, the charge will be FF+30. Bank One has documents: Customer Agreement - amendments will be made to Schedule 1 to reflect newly proposed commercial terms. Enron Corp. Guaranty - Bank One needs to discuss Joel's request for Enron standard documentation Credit line document - Jason/Sara need to make any necessary comments Master Note (Promissory note) - NY law/jurisdiction will be acceptable. Bank One needs to discuss Joel's' request for standard Enron documentation. Let's get together today so that we can organise ourselves to get our comments to the docs consolidated and close these as quickly and efficiently as possible. Thanks, Sarah
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