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Enron Mail |
I gave the Kevin the OK and he was going to prepare a waiver letter. Our
conversation was some time ago. Sara Carol St Clair 03/20/2000 08:53 AM To: Sara Shackleton/HOU/ECT@ECT, Shari Stack/HOU/ECT@ECT cc: Subject: Western Resources Sara and Shari: Could you please take a look at this and let me know waht you think? Thanks. Carol ---------------------- Forwarded by Carol St Clair/HOU/ECT on 03/20/2000 08:52 AM --------------------------- "JOHN G KLAUBERG" <JKLAUBER@LLGM.COM< on 03/18/2000 04:06:43 PM To: <carol.st.clair@enron.com< cc: Subject: Western Resources Carol: How are you? I hope you are doing well. I took a guess at your E-mail address based upon all of the others I have for your ENA Legal compatriots, so hopefully this will get through to your desktop. One of my partners, Warren Ingber, has been asked to pick up on some work that Kevin Leitao was handling for Western Resources involving a trading contract between ENA and Western Resources. As I think you know, Kevin recently left us to take a position with GE Capital. Warren asked me if the conflict waiver had been cleared with ENA and that is the reason for my E-mail. Warren informed me that the draft that had been forwarded to him had indirectly come from Jeff Sorenson and that you were copied on the correspondence. In a number of cases in the past involving these types of contracts, ENA has granted us waivers to represent the particular ENA counterparty. I think the general consensus was that ENA would rather have us represent the counterparty, rather than another outside firm, since Kevin in particular had been working with various ENA lawyers on a number of the issues that frequently arise under these agreements and that it was more efficient (and beneficial to the overall transaction) to work with a firm that had familiarity both with respect to the issues as well as ENA's general views on them. Also, it is my understanding that the provisions are somewhat well accepted and that it is unusual for there to be difficult legal negotiations. I know that Kevin had from time to time cleared these representations on a case by case basis with the various ENA lawyers involved (for e.g., I know there were one or more transactions in which Shari and Sara were involved) and would let me know how we were proceeding. My memory is failing me on this one, although I seem to recall that the conflict had been waived a while ago. However, I just want to make sure that that was in fact done in this case. Could you let me know if my recollection is accurate or if you foresee any problem in this respect. Our contact at Western Resources said he understood the conflict matter had been dealt with a while ago. Obviously, we do not want to take on a representation of this nature without ENA's consent. I will be out of the office during the early part of the week, but I will be checking E-mail and voice mail regularly. My phone number is 212 424-8125. Thanks again, Carol. John
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