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Enron Mail |
I have no copy of the waiver letter, nor do I have any idea how it fits into
any of these transactions. I might add, I never have received a copy of any of the Raptor 3 swaps evidencing execution in final form etc. Mary Enron North America Corp. Mary Cook 1400 Smith, 38th Floor, Legal Houston, Texas 77002-7361 (713) 345-7732 (phone) (713) 646-3490 (fax) mary.cook@enron.com Joel Ephross@ENRON 11/14/2000 08:45 PM To: Robert Eickenroht/Corp/Enron@ENRON cc: mspradling@velaw.com, dbarbour@andrews-kurth.com, Mary Cook/HOU/ECT@ECT Subject: Re: TNPC; Lockup Waiver Letter Hi Robert. I have reviewed the waiver briefly, and have also faxed it to Gareth Bahlmen, Mark Spradling and David Barbour since they were invloved in the Raptor 3 and Hawaii structures, which invlolved the EES warrants. I may be reading the waiver incorrectly, but I think that it goes to far in (ii) by providing that "Such Transactions can only be settled in cash and not by delivery of the undlerlying Securities...." Why should the underwriter care how I settle, as long as it is not in shares of the underlying security. since the underlying derivative involves a swap, I am copying Mary Cook with the letter as well. Robert Eickenroht 11/14/2000 02:27 PM To: Joel Ephross/Corp/Enron@ENRON cc: Jimmie Williams/HOU/EES@EES Subject: TNPC; Lockup Waiver Letter Joel: I wanted to get your comments to the Lockup Waiver Letter with Credit Suisse First Boston that I drafted and previously circulated to you and to Jimmie Williams. Jimmie did not have any comments. I would like to get any comments you have and forward the draft to CSFB. Thanks, Robert
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