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Enron Mail |
Sara, long time no see. I won't be over for this autumn's ECT conference but
hope to be around next year. Please do me a favour and look through the doc attached below, which is governed by New York law (in particular the reps under Section 2(d) and the governing law language/jurisdiction language). The contract gives rise to some issues (e.g. deficient default language), which I thought I could address myself. The matter is somewhat urgent. Tks. Martin Dear Mrs. Woolgar We would like to confirm that your company has successfully registered as a member of ELRiX Weather Derivatives. Upon receipt by Swiss Re Financial Products (?SRFP?) of the documents listed hereinafter your company?s account on ELRiX will be activated: Two copies of the attached Weather Derivatives Master Agreement bearing the signature(s) of the person(s) authorized to sign on behalf of your company. A US tax form duly filled as according to section 2 g) to i) of the Weather Derivatives Master Agreement. You may find these forms and the instructions pertaining thereto on the freely accessible website of the Internal Revenue Service (http://www.irs.gov/forms_pubs/forms.html or http://www.irs.gov/forms_pubs/fillin.html [fill-in-forms only]) by clicking on the appropriate file from the list provided on the bottom of the website. A customary document indicating who are the persons authorized to sign on behalf of your company as well as an excerpt of your company's signatures book or such other customary documentation acceptable to SRFP (such as a list of authorized persons with signatory samples) evidencing the authority and genuineness of the signatures of such persons A certificate of incumbency specifying the names and signatures of persons authorized to execute the Master Agreement and Confirmations on behalf of the counterparty, and a certified copy of resoutions of the Board of Directors authorizing the counterparty to enter into weather derivatives transactions. A legal opinion issued by your legal counsel stating the authority of your company to enter into the contemplated derivative agreement. (See attached file: wd_Master_agreement.pdf) We kindly ask you to send these documents to the following address: Swiss Re Financial Products Corporation Attention: Clare Power 55 East 52nd Street New York, NY 10055 USA. In the meantime, two letters will be mailed to you by regular surface mail, one containing a user ID and main password and the other enclosing a strike-list of single-use passwords. Upon activation of your account you will be able to access the restricted area of the ELRiX website with your user ID, your main password and the single-use password. Should you have any questions please do not hesitate to call the ELRiX Help Desk on + 800 35 74 92 66 or send an e-mail to Contact_ELRiX@Swissre.com. Best regards, ELRiX Operations - wd_Master_agreement.pdf
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