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Enron Mail |
Travis,
Thanks for your reply. I will fax to you a copy of our request for no-action relief to the CFTC. Let me follow-up with the CFTC re your question on the issue of material non-public information and we can discuss this later. In the mean time if you have any questions please contact me. Joe Wright -----Original Message----- From: Travis.McCullough@enron.com [mailto:Travis.McCullough@enron.com] Sent: Tuesday, November 07, 2000 6:31 PM To: joe.wright@truequote.com Cc: Andy.Zipper@enron.com; Mark.Taylor@enron.com Subject: Re: Provisions relating to enrononline link in Posting Agreement Joe: After speaking with Andy, I think it is fair to say that there is a substantial (85% probability) that the clawback triggered by our closing a deal with a competing platform will be triggered. We will advise you if and when it is definitely triggered. As to the representation to the CFTC, we can certainly make the representation regarding no basis for statutory disqualification pursuant to Sections 8a(2) and 8a(3) of the Act. However, we are a little bit concerned about the application of the policies to prevent trading on "material nonpublic information." Most of our concern revolves around what may be included within that term; certainly, it should not include information that we receive from a customer submits to us through the Posting Agreement, but in any event, a better idea of what the CFTC might be concerned about here would be helpful. Finally, would it be possible for us to get an advance copy of your request for no action letter? You may have sent it to us before, but if you did, I can't locate it now. I think it would be a good idea to get that in front of our regulatory counsel as soon as possible and ask that they confirm that the no-action letter that you get (assuming that they give you all the relief that you have requested) will have everything that they think we need. Travis McCullough Enron North America Corp. 1400 Smith Street EB 3817 Houston Texas 77002 Phone: (713) 853-1575 Fax: (713) 646-3490
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