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Enron Mail |
Rob:
I'll do my best to get back to you tomorrow although I still have not heard from my credit person. Other than the credit issue, I do want to talk to you about the following: 1. Deletion of the Termination Event in Section (j)©. If we have to choose between this and the covenant that you inserted in Part 5, I would much rather have this but I don't understand why we can't have both. 2. In the new language that you added in the "Recording" section, I don't think that I can agree to the reasonable expectation language unless we make it clear here that it would be reasonable to expect that any call that is made to or from our trading floor will be recorded. Also, at the very beginning where it says "that originates from and" the word "and" needs to be "or" to cover the situation in our case where someone from your side that is not on the trading floor calls our trading floor. 3. In Part 5, Section (o) the last sentence, please change the word "herein" to "this Agreement" and please change the last reference to "the Existing Transactions" to "this Agreement" as I thought that this is what we agreed to. 4. In the definition of MAC, in clauses (a)(ii) and (b)(ii), please change the word "either" to "both" and the word "or" to "and", as I thought this is what we agreed to. 5. In the form of LC, our credit group has asked us to add language that amends Section 13(b) of the UCP to shorten the time frame from 7 to 3 days and I will fax that to you. I will be tied up until late morning but otherwise available. Carol "Robert J. Rieth" <rjr@houston.rr.com< 05/16/2000 04:38 PM To: "Susan Flynn" <Susan.Flynn@enron.com< cc: <Carol.St.Clair@enron.com< Subject: Re: Re-Draft of IDACORP/Enron ISDA Documents Thanks Susan - I'll include the wire transfer information that you sent. Carol/Susan - I will be leaving on vacation Thursday PM. If possible I'd like to wrap up this agreement and get it signed before I leave. We don't seem to have much left. Please get back to me when you can. Thanks Rob Rieth ----- Original Message ----- From: "Susan Flynn" <Susan.Flynn@enron.com< To: <rjr@houston.rr.com< Sent: Tuesday, May 16, 2000 3:49 PM Subject: Re-Draft of IDACORP/Enron ISDA Documents Rob - Here is wire transfer information. With respect to all payments hereunder to Party A, Party B shall comply with the following payment instructions: Payment by Wire Transfer: Bank of America, N.A. - Houston P.O. Box 2518 Houston, Texas 77252-2518 Account Number /Route Code: 3750494727 Bank ABA No.: 111000012 ----- Forwarded by Susan Flynn/HOU/ECT on 05/16/2000 03:26 PM ----- |--------+-----------------------< | | "Robert J. | | | Rieth" | | | <rjr@houston.| | | rr.com< | | | | | | 05/16/2000 | | | 10:03 AM | | | | |--------+-----------------------< <--------------------------------------------------------------------------- -| | | | To: <Carol.St.Clair@enron.com< | | cc: <Susan.Flynn@enron.com< | | Subject: Re-Draft of IDACORP/Enron ISDA Documents | <--------------------------------------------------------------------------- -| Carol/Susan - Attached is the latest re-draft of the above documents highlighted to show the changes from the May 4, 2000 draft. Also, my comments are included in the yellow highlighted areas and can be viewed by placing your cursor n these areas if your using Word 2000. I'm also faxing a re-draft and comments to you. Please give me a call after you have had an opportunity to review them. Thanks Rob Rieth Robert J. Rieth Attorney at Law Phone: (713) 984-2023 Fax: (713) 984-8973 e-mail: rjr@houston.rr.com (See attached file: Re-Draft IDACORP - Enron ISDA May 16,2000.doc)
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