|
|
Enron Mail |
Jeff:
Who on the commercial side is deciding who the CA would be? As I explained to Nora yesterday, I think that the Enron CA should the Enron entity whose commercial people will be in charge of this deal after it is closed. As far as 2© is concerned, would this require us to hand over confidential information? Is Section 3 the business deal if someone other than Enron is the CA? With respect to Section 7, in Section 7(a) shouldn't the term "Event of Default" be tied to the Events of Default in the Swap Assignment? With respect to Sections 7(b) and ©, I just want to make sure that everyone is okay with the events that could lead to the removal of Enron as the CA since I would think that this is something that we would not want to happen. For example, 7(b)(ii) seems to be a trigger that could accidentally happen and the removal of Enron as the CA seems to be a harsh penalty. I'll defer on this to whatever you and the commercial folks want to do. Carol St. Clair EB 3892 713-853-3989 (Phone) 713-646-3393 (Fax) "Eldredge, Jeff" <jeldredge@velaw.com< 06/14/2000 04:20 AM To: "St. Clair, Carol (Enron)" <carol.st.clair@enron.com< cc: Subject: RE: Calculation Agency Agreement An Enron entity will be Calculation Agent. Do you have concerns about Sections 2© and 7? The latest draft is the June 9 draft, but we are still commenting on it. Jeffrey E. Eldredge Vinson & Elkins L.L.P. Regis House 45 King William Street London EC4R 9AN Office Tel: (44-171) 618-6013 Fax: (44-171) 618-6001 Mobile Tel: (44) 0411 435 486 -----Original Message----- From: Carol St Clair [mailto:Carol.St.Clair@enron.com] Sent: 14 June 2000 00:06 To: jeldredge@velaw.com Cc: Mark Evans; Michael R Brown; Nora Dobin Subject: Calculation Agency Agreement Jeff: Has there been any discussion on our side with who the Calculation Agent would be? Normally, it is one of the swap counterparties. Is this a role that Enron Corp. can and should perform? With respect to the Agreement, I am looking at a June 2nd draft and was wondering if anyone has focused on the language in Section 2, and in particular, Section 2© and Section 7. Carol St. Clair EB 3892 713-853-3989 (Phone) 713-646-3393 (Fax)
|