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Enron Mail |
Attached is the form of schedule to the 1992 ISDA Master Agreement we use for
purely financial transactions - swaps and options. There are a large number of choices and variables to consider in these documents and usually whenever an Enron company begins financial trading in a new jurisdiction we work with local counsel to adapt the form and then handle most of the drafting and negotiating from here. To the extent you are interested in using ISDA Master Agreements, we will be happy to continue in the same way. I'm not sure they will be much help in constructing the type of physical commodity agreements I suspect you need. If you need the printed form of the ISDA Master that the schedule relates to, let me know and I can have it faxed to you. When the transaction is physical, even if there is an embedded swap or option of some kind, we use physical commodity contracts which vary widely from commodity to commodity. I will ask Elizabeth Sager to send you some sample electricity forms and Jeff Hodge or Dan Hyvl to send some natural gas forms. In a trading context, since Enron may be on either side of one or more transactions with the same counterparty, the forms are drafted in a bilateral fashion (basically we only ask for thing we are willing to give). If your situation is different (e.g. our transactions with one party involve only the purchase of fuel and with another party only selling electricity, dramatic changes to these forms might be in order. With regard to loan/finance transactions, I am not at all familiar with forms they use and in fact those transactions may be individualized to the extent that they don't even use forms as such. I will ask Julia Murray to contact you or have one of the people in her group get in touch with you to talk about those types of transactions. Unfortunately, I don't know of an electronic table of contents to the forms. There is a project underway to create a forms database but it is in the very early stages of thought. Enron Capital & Trade Resources Corp. From: "Andrea Bertone" <Andrea_Bertone@ei.enron.com< 06/10/99 12:45 PM To: Mark - ECT Legal Taylor/HOU/ECT, bhendry@ei.enron.com cc: "Robert H George" <Robert_H_George@ei.enron.com< Subject: ECT Forms When we met in Buenos Aires a couple of months ago, you mentioned that you might be able to provide Robert George and I with some ECT forms that would help us with our deals in the Southern Cone. Of course these forms would be used as a guideline and would be adapted as needed to comply with local laws. We would be interested in any electronic copies of any ECT forms where (i) Enron is a party to either side of a physical or financial swap (fuel and/or electric), (ii) Enron is a party to fuel or electricity supply agreements (interruptible or firm), (iii) Enron is a party to loan/finance documents, and (iv) Enron is a party to construction /O&M Agreements. Equally useful might be an electronic table of contents to the ECT form books that Brent mentioned having when I was last in BA. Thanks much.
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