Re: Patina is marking up the Assignment Agreement

Tyrell, I Kern won't accept changes, then we can insert into Patina letter amended a clause which states the ENA will keep whole Patina for those obligations and liabilities.

Tyrell Harrison@ENRON 04/12/2001 04:49 PM To: Barry Tycholiz/NA/Enron@ENRON cc: Gerald Nemec/HOU/ECT@ECT Subject: Re: Patina is marking up the Assignment Agreement

I agree . . . if Kern remains stubborn, is there any short, sweet side agreement that could be drafted between ENA and Patina (maybe as an add-on to our letter agreement amendment) that would effectively pass through the pre-assignment liabilities?

I just received Chris Kennedy's marked up version. I will forward immediately.

Tyrell Harrison
303 575 6478

Barry Tycholiz 04/12/2001 03:36 PM To: Tyrell Harrison/NA/Enron@Enron cc: Gerald Nemec/HOU/ECT@ECT Subject: Re: Patina is marking up the Assignment Agreement

You can direct Kern that we are prepared to underpin that exposure such that Enron wears that risk.... as
1. there should be no risk anyways, and
2. if there were to be any, it should be ENA's anyways.

BT

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