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Enron Mail |
Hi Susan,
I understand that Sara is out until Monday, 3/12. Based on your email regarding the dates of comments provided, it appears that you did not include First Union's requested additions to the Confidentiality provision (emailed on Jan 24th). Please let me know if these changes are problematic for Enron, or if the reason they were not included was just an oversight. I've attached again for your reference: I've attached your confidentiality provision with our requested insertions (underlined) below. (j) Confidentiality. The contents of this Agreement and all other documents relating to this Agreement, and any information made available by one party or its Credit Support Provider to the other party or its Credit Support Provider with respect to this Agreement is confidential and shall not be disclosed to any third party (nor shall any public announcement relating to this Agreement be made by either party), except for such information (i) as may become generally available to the public, other than as a result of a disclosure in violation of the terms hereof (ii) as may be required or appropriate in response to any summons, subpoena, or otherwise in connection with any litigation or to comply with any applicable law, order, regulation, ruling, or accounting disclosure rule or standard, whether in response thereto or upon initiation by either party in defending itself, reducing its liability, or protecting or exercising any of its claims, rights, remedies or interests under or in connection with this Agreement or any Transaction (iii) as may be obtained from a non-confidential source that disclosed such information in a manner that did not violate its obligations to the non-disclosing party or its Credit Support Provider in making such disclosure, or (iv) as may be furnished to the disclosing party's Affiliates, and to each of such person's auditors, attorneys, advisors or lenders which are required to keep the information that is disclosed in confidence. Thanks, Dee Delene M. Travella Vice President Capital Markets, Derivatives Telephone: (704) 383-8778 Facsimile: (704) 383-0575 email: delene.travella@funb.com < -----Original Message----- < From: Susan.Bailey@enron.com [SMTP:Susan.Bailey@enron.com] < Sent: Tuesday, February 27, 2001 9:24 AM < To: delene.travella@funb.com < Cc: Sara.Shackleton@enron.com; Paul.Radous@enron.com < Subject: ISDA w/ First Union National Bank < Importance: High < < Dee, < < Attached for your review is a blacklined version of the: (a) Schedule and < (b) Paragraph 13 to the ISDA Master Agreement. These have been compared < against the draft dated 11/8/2000, and include ENA's accepted changes per < your (a) faxed comments transmitted to ENA on January 5, 2001, and (b) < e-mail comments transmitted to ENA on January 19th, 2001. < < We look forward to your response. < < (See attached file: 163actr(ena-firstunion).doc) < < Cordially, < Susan S. Bailey < Enron North America Corp. < 1400 Smith Street, Suite 3806A < Houston, Texas 77002 < Phone: (713) 853-4737 < Fax: (713) 646-3490 < E:mail: Susan.Bailey@enron.com << File: 163actr(ena-firstunion).doc <<
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