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Enron Mail |
To update...
I spoke with Kevin Calhoun at Aquila Energy yesterday and informed him that at this time ENA would not be willing to waive the 30 day notice period provided for under the Section 6.1 of the Cash Flow Interest Agreement. I suggested that ENA would consider such a waiver once we had developed a more detailed understanding of the proposed transaction(s) related to the Onondaga Cogeneration, L.P. I spoke with Kevin this afternoon and asked him if any of the potential buyers of the OCLP/NIMO ISDA Swap Agreement were affiliate entities of Aquila Energy. He indicated that all of the potential buyers that Aquila Energy is contemplating a transaction with are third-party, non-affiliate entities. I reminded Kevin of our "topping offer" rights under Section 7.4, and that ENA is entitled to receive (and OCLP is obligated to deliver) a detailed copy of any affiliate transactions that OCLP is considering. He said he understood these ENA rights and reaffirmed that Aquila Energy is not contemplating a transaction with any affiliate entities. I told Kevin that we would continue to work out the issues on the CA. Once the CA is executed, he will forward us the ISDA Swap documents for our review/evaluation. Call me to discuss. Fred
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