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Luke:
Here are my comments to the form of Guranty: 1. I thought that this Guaranty would only cover the Engage US Agreement. 2. What cap number do you plan to insert in Section 1©? I'm assuming $10M if the Guaranty only covers Engage US. 3. In Section 6, there should be no restriction on our ability to assign our rights under the Guaranty in connection with any assignment of the swap that is done in accordance with the Master Agreement. The restriction should only be on the Guarantor's right to assign. 4. Please add a section that prohibits amendments without our consent. 5. For notice purposes to ENA please add the following: Carol St. Clair EB 3892 713-853-3989 (Phone) 713-646-3393 (Fax) carol.st.clair@enron.com Luke.Mickum@EngageEnergy.com 07/10/2000 10:47 AM To: carol.st.clair@enron.com cc: Michael.Hugetz@EngageEnergy.Com, Jeff.Buzonas@EngageEnergy.com Subject: Amendments to ISDA Master Enron/Engage Energy US, L.P. Attached is the standard Coastal guaranty form we use for ISDAs.? I understand this ISDA is just for these financial instruments and not for the physical side of the business.? Please give me your comments, if any. We will split the guaranty with a Coastal guaranty for Engage US and Westcoast for Engage Canada.?? Since the new threshold is $10 million, the Coastal guaranty cap is $10 million.? ??????? ??????? ??????? ??????? ??????? ??????? ??????? ??????? Regards, ??????? ??????? ??????? ??????? ??????? ??????? ??????? ??????? Luke <<Guaranty form ISDA-Engage.doc<< - Guaranty form ISDA-Engage.doc
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