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Enron Mail |
Russell:
I spoke briefly with Paul about your long-dated commodity deal and have a few comments. (1) Have you spoken with anyone on the confirmation desk about preparing a draft confirm? Joe Hunter (X33316) is a good start. (2) Paul advises that you will be transacting pursuant to the existing ISDA Master Agreement between ENA and CSFB Int'l (name change from Credit Suisse Financial Products). In that regard, you should be sure to add the following items to the confirmation and discuss with your counterparty: (a) ENA should be the Calculation Agent for purposes of this transaction. (b) You should provide for "Payments on Early Termination" as: "For the purpose of Section 6(e) of the ISDA Master Agreement, (i) Loss will apply, and (ii) the Second Method will apply." Also, you should obtain evidence of the name change (usually a certificate of name change). Let me know if you have any questions. Thanks. Sara
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