input stringlengths 93 39k | output stringlengths 1 117 |
|---|---|
(UNOFFICIAL) EBS LEGAL DEPARTMENT HAPPY HOUR Please come by if you can.
Friday, November 2, 2001 5:30 p.m. 1611 Vassar St. (1) Take Allen Parkway or West Dallas from downtown to Montrose and go left/south on Montrose.
Turn right on Richmond and go west until the traffic light at Mandell.
Turn left on Mandell; go over the overpass over US 59 to the four way stop at Vassar.
Turn right at the stop sign onto Vassar.
My house is the third house on the left.
(2) From US 59, exit Shepherd/Greenbriar and go north on Shepherd; take a right on Richmond; go east on Richmond until the light at Dunlavy.
Take a right on Dunlavy; go over the overpass over US 59 to the four way stop at Vassar.
Turn left at the stop sign onto Vassar.
My house is on the right, towards the end of the block.
My block of Vassar is between Mandell and Dunlavy and my home number is 713-528-4127.
See you there!
| REMINDER: Happy Hour on Friday, November 2 |
Kay, I got your voice mail and I'm glad the plant was pretty.
It is Mat Gimble's favorite florist.
Hope you are doing well, although I know what a total mental strain a parent's death can put on you.
I'm very sorry you and your family had to go through this.
I had to go to Waco yesterday for a stepbrother's funeral.
He was 47 and had a very aggressive form of cancer that began with a lump on his neck last January.
I'm very glad I went and it was one of the most positive funerals I have ever attended.
They had the burial first and a celebration of his life at the church after (lots of music as he and his family all have beautiful voices).
Attached is a Statutory Power of Attorney I got from my old law firm today (let me know if you want any changes made).
It is my favorite form because the powers are both specific and broad.
Should your mother want to limit any of the powers, she simply needs to line through them.
I will be happy to notarize her signature if you want me to.
The following is sort a "trick question" in the instrument: CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN: (A) This power of attorney is not affected by my subsequent disability or incapacity.
(B) This power of attorney becomes effective upon my disability or incapacity.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).
For obvious reasons, your mother should cross through (B) or not cross through either.
| Power of Attorney |
Enron Federal Credit Union Stands Ready to Assist You Enron Federal Credit Union would like you to know that we stand ready to assist our members affected by the recent events.
We are committed to those who may need special assistance during this difficult time.
The State of Enron Federal Credit Union We are dedicated to providing our members with all the services they would normally expect to receive.
Business will continue to be conducted as it always has.
We will continue to provide loans.
In the event you have an EFCU loan or credit card, we will negotiate a workable agreement for its repayment if necessary.
These arrangements will be made on an individual basis.
ATM withdrawals and Debit Card transactions will carry the same daily limits.
EFCU will be conducting "business as usual."
EFCU is a not-for-profit financial institution (a cooperative) owned and operated by you, the member.
And, although we are here exclusively to provide financial services to the employees of Enron Corp. and their family members, we remain financially independent from Enron Corp. And, your accounts at the Credit Union are insured to $100,000.00 by the National Credit Union Share Insurance Fund (NCUSIF), supervised by the National Credit Union Administration (NCUA), an agency of the U.S. Government.
How To Access The Credit Union You may continue to access your funds in the Credit Union at EB 399, through our electronic services, or at any of our Texas Credit Union Service Center branches:
| Enron Federal Credit Union Stands Ready to Assist You |
Mike, Pursuant to section 8(a) of the Letter Agreement, please be advised that ENA made a payment to General Electric in the amount of $386,342.00 on 10/31/2001 (fed ref # 4378).
Please note ENA has not yet received payment for $48,000 from NorthWestern for the storage invoice submitted 9/28/2001.
For your convenience, I have attached a copy of the storage invoice.
Please feel free to call if you have any questions or concerns.
Regards,
| Payment Notice |
Dear CYNTHIA, Congratulations!
You have been successfully enrolled in the course 'Basics of Risk Management'.
Course details are provided below: Course Type : Instructor Led Course Course Code : RISK100 Session Code : 111501 Number of Units : 12 Price : $600.00 Location : EB552 Enron Building 1400 Smith Houston Meetings : Start Time: Nov 15, 2001 8:00 AM End Time: Nov 16, 2001 12:00 PM No instructors or rooms have been assigned to this meeting.
You will receive a reminder before the session starts.
Thank you.
| You are enrolled. |
Jeff, I received an invoice for storage for the month of November, but would request that this invoice and future invoices for storage instead be sent to NorthWestern.
Under the terms of the assignment, NorthWestern has the obligation for storage charges from October forward.
I know this might be a little confusing since Enron has the ongoing payment obligations for the original purchase contract and the first two change orders.
Please feel free to call if you need to discuss this matter further.
Regards,
| Storage Invoices |
Kay, Here is the draft form of the contract I spoke to you about on Friday.
I've also sent this to the contract administrative group.
If this draft is ok to use, I believe the only thing we have to add to this is the 'PSA'.
We could consider this document as our 'Scope of Work' or 'Statement of Work'.
I'll be out of the office on Monday, however you can reach me by cell, 713-516-7582 or tex pager 888-662-8505.
Thanks,
| Draft Contract for Plant Protection Service Houston to New Orleans (Jode Corp) |
Kay, I left out the following: EBS may terminate this Agreement upon sixty days prior written notice to Jode Corp of such termination.
Jode Corp may terminate this Agreement upon one hundred twenty (120) days prior written notice to EBS of such termination.
Promptly after such termination by EBS, EBS will pay Jode Corp in full satisfaction and discharge of all liabilities and obligations owed to Jode Corp, all fees owed for Services pursuant to schedule of payment and a prorated portion of the monthly amount pursuant to schedule of payment.
| Jode Corp Draft |
As a reminder, the mandatory Annual Compliance Meeting was rescheduled to Thursday, November 8, 2001 from 8:30 - 10:00 am at the Doubletree Hotel, LaSalle Room B.
The agenda is as follows: Robert George Board Seats Richard Lauer ECT Securities LP Cassandra Schultz Risk Management Policy Bob Bruce Chinese Wall Policy Chip Schneider Transaction Approval Process Rick Carson RAC Reporting Tools Please confirm your attendance at this year's meeting either by responding to this email message or contacting Donna Wackerle at ext.
39755.
If you have already RSVP'd, thank you and we will see you Thursday.
If you have any questions, please contact me directly at ext.
31939.
I look forward to seeing you this year.
PLEASE FORWARD THIS MESSAGE TO YOUR ADMINISTRATIVE ASSISTANT TO ENSURE IT IS SCHEDULED ON YOUR CALENDAR.
| Annual Compliance Meeting |
In light of Kay's comments of last evening and our conference call of this afternoon, a revised version of the response to DEP's notice of change is enclosed.
Please let me have your comments ASAP, as it is important that we file this response today if at all possible.
Thanks!
| Pompano |
Kay, Steve, Ben and Ryan, I spoke with Martha today on the subject referred to above and she advised me of the following : 1.
DEP is not contemplating a single, consolidated permit but an air permit for each of the Pompano Beach and Deerfield Beach facilities.
2.
The petitioning local governments have no objection to the consolidation proposed by DEP (no surprises there).
3.
Martha wants our input as to which ALJ we would prefer to hear the case should DEP's request for consolidation be granted.
( The upside to suggesting Judge Alexander is that we know that he have already reserved his time for a 4-day hearing in January.
Otherwise, we might choose Judge Stampelos based upon the prior comments that we have received from our Tallahassee attorneys, although both Judges were considered to be good.).
4.
Martha indicated previously that she is looking for a hearing in January, depending upon which ALJ hears the case and his particular schedule.
5.
Martha advised me that she will file her request for consolidation late tomorrow afternoon.
I told her, as we discussed in our conference call, that if she does not hear from me to the contrary, then we oppose the consolidation at this time.
6.
Martha agreed to provide us with the permit language that DEP is proposing in connection with its Notice of Change of Agency Position on the Pompano Beach proceeding as soon as Al Linero completes the drafting and she reviews the proposed permit conditions with him.
Martha expects to provide us with the proposed permit language next Monday or Tuesday.
7.
The petitioning local governments have served DEP with discovery.
I have yet to receive a copy of the discovery but Martha intends to meet with Al Linero this Friday to discuss DEP's response.
Based upon the foregoing, please advise me if you want me to convey any further message to Martha prior to her filing of the motion for consolidation tomorrow afternoon.
Specifically, I am interested in your thoughts on our preference on the Judge that will hear the proceeding, if consolidated, and whether we have any objection to DEP's filing the motion for consolidation in which she will note our objection.
As we discussed in our conference call, we can assert our position more fully in a subsequent response to the motion for consolidation and can withdraw our objection if we change our mind.
Thanks !
Kerri
| DEP Air Permits-Conversation w/ Martha Nebelsiek re Consolidation & Related Matters |
Get Connected with e-Statements.
Sign up for Electronic Statements from Enron Federal Credit Union by November 15 to be entered into a contest to win a Palm Vx!
Log on to www.enronfcu.com to apply or for more information.
| EFCU Gets You Connected |
Kay, I just received a call from GE (Jeff Darst and Steve Swift) in which they said that NorthWestern was asking for GE to sign documents that would enable NorthWestern to buy out Enron remaining interest in the LLC.
I am unaware of any discussions with NorthWestern with regards to this.
Please give me a call, and be advised that Jeff and Steve are going to call you.
Thanks,
| GE and NorthWestern |
Ok, I've changed your expenses account and am into your calendar, etc.
Do you just use your cell phone now.
You don't have a pager any more right?
Blackberry?
Just updating my information.
Still married to Neil????
Just kidding~~~~~
| Thursday |
Just a quick reminder: we need to finalize our position in response to DEP's now-filed motion to consolidate the two proceedings.
Also, I need to speak with Dave and Scott Osbourn this week so that we can formulate our interrogatory responses, which I need to serve on Friday evening.
Many thanks!
Ryan
| Pompano Beach and Deerfield Beach |
Your comments are needed for Joyce James who sat in for Alice Wright.
Please return as soon as possible.
Thank you!-Becky Excellent = 5 Above Average = 4 Average = 3 Below Average = 2 Poor = 1 Initiative Cooperation Punctuality Attendance Quality of Work Would you request this person again Y/N?
Comments
| Comments needed: Joyce James (111601) Wright |
Kay, Attached is a draft of the Dynegy CA (bilateral).
The only executed bilateral CA we have in place with Dynegy is one prepared on their form.
I have not reviewed it, just talked to Kay Young.
| Dynegy CA |
Kay, Received the signature page by Fed-Ex today.
It will be served/filed by mail first thing tomorrow.
(As I suspected, the fax version went to a satellite machine upstairs and has also been located).
Ryan
| Pompano/Interrogatory Answers |
Julie, Attached is ENA's proposal addressing the commercial terms to supply gas to the Rio Bravo IV power plant.
We are looking forward to discussing this in more detail during our conference call this afternoon.
Please provide your fax number and I will send/fax a signed proposal to your attention, ASAP.
| ENEL Rio Bravo IV Fuel Supply Proposal |
Just wanted to let you know I'm thinking about you.
Wishing you the best.
Please keep in touch and let me know how you're doing.
| Hope You're OK |
In response to your request, attached please find the last copies (7/20/01) of the World Hunger Form Agreement and the Exhibits.
I do not know if these documents were ever approved by the "businesses".
However, the forms did serve as the basis for Longview.
<<World Hunger Exhibits.DOC>> <<GE Agreement - Version 11.DOC>>
| World Hunger Agreement and Exhibits |
Enron Kids No donation is too small!
Please contact Stephanie Truss, 5-3861, or Martha Keesler, 5-2423, to make a cash donation.
The deadline for making your cash donation is Thursday, December 6, 2001.
EWS Legal Gordon Elementary School Adoption
| Adopt a Kid - Reminder |
Good morning, The 10:00 a.m. Power Trading Group Meeting is being rescheduled for 2:00 p.m. today in EB3872.
Please plan to attend and we apologize for any inconvenience.
Thanks.
| Power Trading Group Meeting MOVED |
Bart: This is Fred.
I am working on Kathleen's computer to facilitate easy Livelink access.
It appears that an Unconditional Guarantee Agreement was executed between the City of Deerfield and DBEC, L.L.C.
prior to the execution of the Agreement Related to The Use and Development of Real Property (dated June 29, 2001).
We do not have a copy of the executed version of the Guarantee Agreement, but Greenberg & Traurig should have one.
The Guarantee Agreement obligates DBEC to make a non-refundable payment on or before 9/30/01 (this payment was made) and a second payment of $1,000,000 "subsequent to DBEC's application but prior to its receipt of the first building permit or engineering work permit for the Facility".
Kay has more detailed knowledge of this Guarantee and other Deerfield and Pompano documents through her role in the development of these projects.
Please call her for specific information on project Agreements.
Call Kathleen or I if we can help in this process.
Fred
| Deerfield Guarantee |
Kay, This is the language generally offered by Mr. Derrick with respect to the '40 Act.
Please call if you have any questions.
Enron is not an "investment company" within the meaning of the Investment Company Act of 1940, as amended.
Clem
| Investment Company Act |
FYI - Met Land Development Company, LLC, a Delaware limited liability company (owned 100% by Enron North America Corp) was a shelf company we initially formed for a potential project in New York.
This entity is now being used in connection with owning the Siemens Westinghouse 501D5A.
Kathleen
| Met Land Development Company, LLC |
Hi Guys, Enron policy requires that the assignment of tasks to outside counsel go through (or at least be coordinated with) the legal department.
In the future, please let me know what you need so that there can be some order to the process.
Did the Fehrs and Ledfords sign the option agreements?
Thank you,
| Schaeffer Property - Livingston County, Illinois |
Hi Nancy, Lisa Mellencamp's time is being consumed by a special project, so I'm working on this PPA.
Could you give me a call at your convenience?
Thanks,
| VEPCO PPA |
Attached is the most recent draft I have of the change order for the ESA stuff.
I think we need to add the info on drawing numbers and delivery dates for the options, much like we did on change order #2.
Please let me know what you think.
Kay
| Change order #3/ESA |
I am scheduled to be in NYC and Danbury, Connecticut as of tomorrow afternoon, through the remainder of the week.
I'm assisting with the negotiation of a contract for the purchase of fuel cells.
This is a Jeff Ader/Ozzie Pagan/Heather Kroll deal.
Don't know if you guys like to keep up with such things, but I'm glad to keep you informed.
Kay
| Travel plans |
This was sent to me by one of the developers.
I believe it relates to an expansion (or new interconnection) of the Caledonia facility.
I don't know which lawyer has been working on it, so I'm sending it around to see if anyone claims it.
Chris thought that someone from Power Trading may have been working on it.
Kay
| Option Agreement and Easement |
How about 10:00am on Thursday to discuss GE and how to end world hunger?
Please let me know if this works for you, and I'll get us a conference room.
Nominations for other participants would be welcome.
Thanks,
| Internal meeting re: GE issues |
Deb, Let's go ahead with POA's for Ben F. Jacoby for ENA, Tarheel Land Development, Edgecombe Development, and Titan Land Development in accordance with Janet's request and ENA standard practice.
Deb, I have the impression that this is something you typically handle, although I'm glad to volunteer Kathleen for the task if that would help.
There will be other companies, but we can add these as we go.
Kathleen, please advise if there are any which you see as most active at this time.
For instance, what are the names of the Florida development companies?
Your assistance is greatly appreciated, as Janet is eager to get this done.
Thanks,
| Signature authority |
Please call Bruce Silvers with Bingham & Dana in Hartford, Conn, and tell him my trip has rescheduled.
Please see if he is available to meet on Monday afternoon, preferably in New York (although I'll confirm later).
I think it might be helpful if Nick Palatin was available as well.
Thanks,
| Phone call |
Stuart, Kay's venting for the day: Is it nitpicking to expect outside counsel to (1) make sure the option agreement is signed AND acknowledged (2) ascertain whether the thing has the dates filled in, and (3) makes sure that the legal description is included?
Ok, maybe I'm whining, but I think Mark should know that we are having problems.
Have you mentioned anything to him?
Kay
| Ledford and Fehr Option Agreements |
Per your request.
Is the contract supposed to be an off balance sheet contract?
I'm supposed to be working on the changes necessary to make this one 97-10 compliant, but I haven't done it yet.
Maybe you will beat me to it, which is fine by me.
Kay
| Form Contract, Rev Minus 1 |
Lee, Here's a revised draft incorporating your two suggestions: I've forwarded what I have on the CO (#3) for South America to their lawyer, so I hope it will be wrapped up soon.
I've seen reference to the Pleasanton CO, and I know it is in the works as well.
It is percolating through the system.
Do you have the electronic file for the LV CoGen change order (#4), extending the delivery dates?
I'll be in on Monday, although I have a heavy conference call schedule.
I'll be easiest to catch towards the end of the day.
Kay
| Change order #2, |
Nancy, Here are some come comments to the draft PPA: As a general note, we would have these goals: 1.
Keep the PPA has streamlined as possible, putting as much as we can in the interconnection agreement.
2.
Minimize ties to specific unit.
3.
Maximize optionality, especially delivery points.
4.
Keep construction/ownership of the facility off the balance sheet.
5.
Signing the interconnection agreement must be simultaneous, or a CP.
More specifically we would like to: Move start up/metering terms to interconnection agreement.
Megawatts will probably change due to change in equipment.
Bracket 192 for now.
The capacity will change for summer and winter, also, specifics to be determined.
Make sure we are protected from any liability caused by their delay.
Comments on specific articles: Definition of emergency start up will belong in interconnection agreement.
2.2 Expiration is Dec. 31, 2004; move bracketed language into interconnect.
2.3 We need an out in case we don't commence construction/achieve commercial operation as a result of Buyer's action/inaction, and the term "breach" should include failure to timely perform any of buyer's obligations under any of the agreements.
Any reason why we shouldn't want an extension if there is a delay due to action/inaction of any governmental authority?
We can add change of law as an event which gives us schedule relief, but we might want to broaden the definition of change of law.
Also, we don't have the site acquired yet, so we may need an out in case we encounter a problem, unless we will not sign this agreement before acquiring the site.
3.4 Peak period is July and August.
3.5 (b) Amount left over will depend on the summer and winter capacity.
Might just leave blanks as placeholders.
3.5 (c) Let's try for 4 hours notice.
3.5 (d) suggest title "Start-Up Minimum Run Time".
3.5 (e) add maximum of ___ per year.
| VEPCO PPA |
Hi Bart, I think this is at least close to the final draft.
It ain't pretty but it seemed to work.
You won't hurt my feelings if you make massive revisions, so long as I get a copy of the new-and-improved version.
Kay
| equipment option |
Hi Kent, I was wondering if we could schedule a conference call to discuss the form of these agreements.
Are you available any time soon?
Thanks,
| Facility Agreement |
Hi guys, In looking at CRRA's comments to the draft LOI.
I have these questions: 1.
I'm not sure what we mean by EPC contract.
Is this referring to the Fuel Cell document we are working now, or is there to be another layer?
I know this may depend on whether CRRA or someone else is doing the balance of the construction activities.
2.
He expects one EPC contract, and we had tried to leave room for multiple contracts.
Does anyone care?
3.
Does CRRA get a full refund of the purchase price if the fuel cells fail the performance tests?
We have discussed with FCE the concept of a proportional reduction if the performance is within 10 percent, then a full reduction as to the failing unit(s) only.
Also, are we planning to mark up the fuel cell contract to recover our fee?
Is our fee at risk for the fuel cells failing to perform?
Thanks,
| CRRA LOI |
Barbara, here is the document I discussed concerning some of the Chicago stuff.
Jeff, I don't know if you have received this from Gregg all ready.
Kay
| enovate update |
Suzanne, please forward this to Jeff.
My email is acting up again.
Hi Jeff, I thought I would pass this email along to you since you've been working on some of the aspects of the Peoples deal.
I don't want to interfer with whatever you have going on, but I'm happy to assist/participate in whatever way makes sense.
Kay
| Affiliate Master Purchase and Sale Agreement |
Heather, Could we handle the CRRA LOI at the same time?
It would help me get finished with the FCE doc.
I'm sure you saw that GE and Honeywell are merging.
I wonder if that makes ONSI a part of GE?
Does GE have a fuel cell product yet?
It would explain the statement in the Journal that headquarters would not be in NJ or Connecticut.
Kay
| Fuel Cell Meeting |
Is everyone available for a brief conference call at 830 Tuesday morning?
Please let me know if you aren't available.
Dial in instructions will be forthcoming.
Thanks,
| Conference Call re Hub Agency Agreement |
In a recent discussion with Mark H, he suggested that I consult you two gentlemen about outside counsel in Chicago to support our efforts with Peoples.
It would be beneficial to have a firm on board with some trading expertise, as well as more generalized transactional experience.
Gas would be a plus.
I've used Jones, Day (good job on regulatory issues), and Piper Rudnick (bad experience).
Any suggestions?
Thanks,
| Chicago counsel |
Kathleen, We have forms for confidentiality agreements.
All CA's are processed through Kay Young, as she maintains the data base.
Kay, could you point Kathleen to the repository of the forms so that she can generate the first draft?
By the way, I've assembled the emails I received on changing the form.
I'll be happy to take a crack at the revisions if you tell me which form to start with.
I know it will have to be processed through before it becomes standard.
Thanks,
| Draft CA for curves |
Please prepare a fed ex package to go out tonight, as described below.
Also, please prepare a transmittal letter to Heather for me to sign.
Thanks,
| CRRA LOU |
To all, As you know, Enron is refinancing the equipment we bought through WestLB.
I've been asked to compile a list of all the equipment purchased through WestLB, and the change orders related to same.
All I know about is the LM deal with GE (with 1 executed change order, approximately 4 or 5 pending) and the ABB transformer deal (with one CO pending).
Please let me know if you are aware of any others.
Thanks,
| WestLB |
I'm circulating some language for the ABB transformer purchase agreement.
= =20 Please let me know if you have any problem with the language.
The buy back language is new.
The assignment language is intended to addre= ss=20 some concerns raised by ABB - the changes are marked in red.
Buy back option.
(5.4.3) At Purchaser=01,s option, Seller will arrange for storage of the Unit or Un= its=20 to be stored for up to one year following the successful conclusion of=20 factory testing.
Purchaser shall pay the Purchase Amount in full, and will= =20 pay the actual storage charges, billed quarterly during the year the Unit o= r=20 Units are stored.
Title and risk of loss shall be with Purchaser during th= is=20 storage period.
Purchaser shall have the right (but not the obligation) to= =20 sell the Unit(s) back to Seller for 30% of Purchase Amount of the Unit(s)= =20 after the end of the one year storage period.
Payment will be due 30 days= =20 after receipt of written notification by Purchaser of its intent to exercis= e=20 this option.
Title and risk of loss shall be with Seller as of the time of= =20 payment.
If Purchaser desires to sell the Unit(s) prior to the expiration of the one= =20 year storage period, Purchaser may request, and Seller agrees to act, as=20 broker for the re-sale of the Unit(s).
The terms of the remarketing agreeme= nt=20 will be subject to mutual agreement.
Changes to assignment language.
22.2 Assignment by Purchaser.
This Agreement or any right or obligation= =20 contained herein may be assigned, from time to time, by Purchaser without= =20 Seller=01,s consent to: (i) Agent (in the case of an assignment by Purchaser) or an Affiliate of=20 either WestLB or Agent; (ii) a joint venture, partnership, limited liability company or other simil= ar=20 entity in which Agent or any of its Affiliates is a venturer, partner or=20 participant with no less than a nineteen and one-half percent (19.5%) equit= y=20 interest; (iii) any Lender; (iv) any Indemnified Party; (v) any entity for the purposes of financing or sale of the Facility; (vi) any party (1) for which Agent or any of its Affiliates has agreed to= =20 construct or develop a facility using the Equipment, or (2) to which the=20 Agent or any of its Affiliates has agreed to convey a power plant project= =20 which it has under development; or (vii) any contractor or developer (including, without limitation, Enron=20 Engineering & Construction Company and/or NEPCO) which is retained by Agent= =20 or any of its Affiliates to construct or develop a Facility using the=20 Equipment.
In the case of an assignment to a party described in (ii), (vi), or (vii)= =20 (other than Enron Engineering & Construction or NEPCO), Seller shall be=20 entitled to request and receive an appropriate guaranty, letter of credit,= =20 payment bond or other reasonable form of payment security, in amount not to= =20 exceed the amount of the Purchase Amount remaining to be paid at the time o= f=20 the assignment, unless the assignor agrees to remain liable for all future= =20 liabilities under this Agreement.
A letter of guaranty, letter of credit, = or=20 payment bond provided by an entity rated BBB+ or better shall be deemed to = be=20 an appropriate form of security for the purpose of this provision.
Except for (i) through (vii) above, this Agreement may not be assigned by= =20 Purchaser to other parties without the prior written consent of Seller whic= h=20 shall not be unreasonably withheld, conditioned or delayed.
Seller agrees = to=20 respond to any request for consent within thirty (30) Days following its=20 receipt of such request.
Any failure to respond within the foregoing time= =20 period shall be deemed to be a grant by Seller of its consent to the propos= ed=20 assignment.
In determining whether Purchaser shall be permitted to assign= =20 this Agreement, Seller shall only be deemed to be reasonable in withholding= =20 its consent if the proposed assignee does not have substantially the same o= r=20 better credit quality than Agent unless (a) the proposed assignee provides= =20 appropriate guaranties, letters of credit or other assurances of payment=20 issued by an entity or person with substantially the same or better credit= =20 quality than Agent, or (b) the assignor agrees to remain liable for all=20 future liability under this Agreement.
Purchaser shall have the right to= =20 assign or pledge, from time to time, all or any portion of its right, title= =20 and interest in, to and under the Agreement as collateral for financing of= =20 any Facility without Seller=01,s consent.
When duly assigned in accordance with the foregoing (including, following a= ny=20 collateral assignment, upon foreclosure by any collateral assignee) (i) thi= s=20 Agreement shall be binding upon and shall inure to the benefit of the=20 assignee (and all rights hereunder, including, without limitation, any and= =20 all warranty rights, shall be assigned to the assignee as if such assignee= =20 were an original party hereto), and (ii) the assignor shall be irrevocably= =20 relieved and forever discharged of all liability under this Agreement so lo= ng=20 as the assignee executes an assumption of such liabilities.
Any other=20 assignment by Purchaser shall be void and without force or effect.=20 Notwithstanding the generality of the foregoing, in connection with any=20 assignment permitted under this Section 22.2 to any assignee, the Purchaser= =20 shall have the right, from time to time by Notice to Seller and without=20 Seller=01,s consent, to (i) designate such assignee to be the successor of= =20 WestLB hereunder, (ii) designate such assignee to be the successor of =20 =01&Agent=018 hereunder, (iii) designate such assignee as a sub-agent of th= e Agent=20 hereunder, and (iv) designate that such assignee has succeeded to all of th= e=20 rights and obligations of both WestLB and Agent, whereupon (notwithstanding= =20 the first WHEREAS clause hereof, but subject to any subsequent appointment = of=20 an =01&Agent=018 hereunder) each reference to =01&Purchaser=018 hereunder s= hall be deemed=20 a reference to such assignee acting in its individual capacity and each=20 reference to an =01&Agent=018 herein shall be deemed deleted.
Upon any permitted assignment of the rights under this Agreement to acquire= a=20 Unit or Units, and the assumption (in accordance with the terms hereof) of= =20 the obligations related thereto, Seller shall enter into a separate purchas= e=20 agreement with the permitted assignee (each, a =01&Facility Agreement=018).= The=20 terms of each Facility Agreement will be in strict conformity with the term= s=20 and conditions of this Agreement, except for site specific changes as agree= d=20 by the Seller and such assignee.
In no way shall the Facility Agreement=20 increase the liability or responsibility of Seller, Purchaser, or Agent und= er=20 this Agreement.
The parties further agree that the provisions of this Agreement relating to= =20 assignment will only control the assignment of Purchaser=01,s or Agent=01,s= rights=20 and obligations under this agreement prior to Acceptance of the Unit to be= =20 assigned.
Following Acceptance, Purchaser or Agent shall be permitted,=20 without Seller=01,s consent, to: (i) assign its rights under this Agreement= ,=20 (ii) convey any ownership interest that it may have in the Facility and/or= =20 (iii) convey any ownership interest that it may have in the entity which ma= y=20 own the Facility.
| ABB transformer purchase |
Hi Kathy, I know I owe you a phone call.
I'm home with a sick kid today.
Please email me your number and I'll give you a call.
I can't believe I've forgotten it.
So how are you doing with the EECC changes?
Kay
| Phone call |
Hi Scott, I have some questions: The obligation to try to improve performance about the specific performance (ie minimum) standards frequently has a time limit, say 6 months.
Do you have a sense for the appropriate time period here?
Would it make sense to require them to work longer on the first 2.0 and 2.4 than the rest?
Will we have a drawing number for a standard foundation design, or will we need to put words around it.
I know we discussed the need for pilings as the most significant change.
Do you think that this difference is enough?
Did I understand that we want them to pay us at the end for non-standard foundations (as opposed to a credit).
| FuelCell contract questions |
More questions: We have two different levels of guarantee values.
We have the specific performance levels, which if not met can result in termination, etc.
This includes emissions, electrical output, heat rate, water (consumption and discharge).
Will all of these have more stringent guaranteed levels that FCE will have to work to try to fix?
I'm assuming there are no sound issues.
Thanks again,
| FuelCell peformance levels |
Here's what they suggested (yes I'm working, I can do two things at once) There is a rule of halves - you can give half to your kids, you get medicaid when the retained half runs out.
There is probably a time period you can do this.
Kay
| Tips for seniors to avoid medicaid draining your assets - from the Today Show |
Here's a redline against our previous draft.
There are lots of holes, in large part due to the significant commercial issues still open and some of FCE's input due on the language to be used.
I'm also not finished with the project management/scheduling stuff, but I wanted you to get a chance to look at it forthwith.
Scott, I've printed off your emails and will incorporate your input.
I don't know when we want to give FuelCells a draft, but I'm going to keep working on this one.
Kay
| First revision |
Sc ott, I'm planning on taking your emails and revising the current draft to create a new one.
Your points were very well thought out, so I would like to have the day to get a new draft.
It looks like I will be at home tomorrow since I'm still not feeling well, but I certainly feel well enough to work on the contract.
Perhaps we will get some input from our team in Conn. gang by noon.
How does this sound?
Stephen, Feel free to weigh in with any comments/suggestions.
Your input is welcome.
Kay PS I can now print at home.
| FCE contract |
Hi Dale, I thought I'd send this along.
It is the first draft of the "break out" contract for the ABB transformers which go with the LM's.
I thought Sheila told me that your stuff is in immediate need to getting this and the LM break out in shape.
This has not been reviewed with ABB yet (in fact, I haven't read it yet), but just in case you want to give it a look, I thought I would pass it along.
Kay
| ABB Transformer Purchase and Sale Agreement |
Michael probably won't be at school tomorrow, unless he really perks up quickly.
However, I was thinking of bringing him up there to get his picture taken, if he feels up to it.
Do you think there would be a problem with that?
Any idea when and where I should take him?
Thanks!
| Michael |
Charlotte, Michael hasn't bounced back yet - still getting fever up to 102.
I spoke with Delores, and she said Rey said that Michael had a pretty good dose of strep, so it will take 6 doses of medicine to get it under control.
I'll see how he is in the early am, but I may not take him to school, just so I can watch him another few hours.
If you will be at your office tomorrow I'll let you know how he's doing.
Maybe I can leave on Saturday.
I know he will be very upset if he doesn't get to spend time with you this weekend.
Kay
| Michael |
Here's today's version.
Michael is still running a fairly high fever, so it would be a big help if we can talk via phone.
Kay
| FuelCell Contract |
Dear Mr. Schrum, I attended Sing!
last night to watch and support my daughter perform with her Tri Delta friends.
I enjoyed the performances of the various groups, which were within the bounds of what I expected.
Unfortunately, I am not writing to tell you how much I enjoyed it.
I'm writing you to encourage the administration to not take lightly the indecent exposure incident which occured in the second act.
The act was beyond offensive, it was criminal, especially in light of the young children present.
During the first act, I was sitting on the first row, and there were 4 young children sitting in the front.
In fact, at the end of the first act I had regretted that I had not brought Paige's six year old brother to watch her perform.
I cannot tell you how glad I am that I did not bring Michael.
Even I was offended, and I'm a forty-two year old lawyer (we don't offend easily) who was in a sorority at UT.
I was glad I had moved back at intermission to sit with my daughter for the second act.
Again, I urge you to not view this as an act of youthful indiscretion.
It was offensive to the individuals present, and degrading to a fine university which prides itself on "encouraging contributions toward the well-being of humanity".
My husband, Neil, who was a Pike at SU in the seventies, joins me in this request.
Thank you,
| Sing! |
Hi Nancy, It seems we may be scheduling a meeting with VEPCO to discuss the PPA.
July 20th is the current date being discussed.
I don't know how we want to staff the meeting yet, but I do want to check your availability.
How does that date look for you?
Thanks,
| VEPCO |
Gentlemen: Attached is a draft of the facility agreement, without reference to WestLB.
It just came in, so I haven't reviewed it.
It looks like 330 tomorrow will work for this group, unless you tell me otherwise.
I'll get back to you with the location.
Kay
| GE Contract |
Hi Dale, We are meeting with GE tomorrow to talk about this.
Please let me know if you have any suggestions or comments.
Ditto on the ABB agreement which I forwarded not too long ago.
Kay
| GE Contract |
Ben, This email has the prices in Exhibit N of the current draft agreement.
Are these the correct numbers?
Kathy and I discussed your comments, and she is making changes to the contract consistent with those comments.
She is not available this afternoon, but is free tomorrow am to discuss the contract.
Please let me know if tomorrow am works for you.
Kay
| Enron Corrected Option Letter Information for Contract Purposes -LMSK-2001 |
ARTICLE X.
PERFORMANCE GUARANTEES AND ACCEPTANCE =20 10.1 Performance Guarantees.
Seller guarantees that each Unit will meet t= he=20 Performance Standards for Electrical Output, Efficiency, Water Consumption,= =20 Noise and Emissions as set forth in Section 10.2, when Performance Tests ar= e=20 conducted in accordance with the Performance Test Procedures.
10.2 Performance Standards.
Each Unit shall meet Performance Standards as= =20 described in this Article and as set forth in the following table below in= =20 order to achieve Acceptance: =092MW Power Plants=092.4MW Power Plants=093.0 MW Power Plants Electrical Output, kW=092000 kW=092400 kW=09 Heat Rate (LVH)=0948%=0948%=09 Water Consumption=09600 gal/h=09620 gal/h=09 Sound level=0965 dB(A) at 100 feet=0965 dB(A) at 100 feet=09 Emissions=09=09=09 Nox=09<1 ppmv=09<1 ppmv=09 SOx=09<0.1 ppmv=09<0.1 ppmv=09 CO=09<20 ppmv=09<20 ppmv=09 VOC=09<20 ppmv=09<20 ppmv=09 Particulates=09<100 mg/m3=09<100 mg/m3=09 10.2.1 Heat Rate Guarantee.
Seller guarantees that the Heat Rate as=20 measured for each of the Units=20 as demonstrated during the Performance Test, shall be __BTU/kWh.
In the eve=
| Performanc stuff for you to read and comment on |
I need to do the unthinkable and read something else for a little while, so I thought I would send this to you as is.
Let me know if you want it redlined against something, and if so, which version.
Kay
| Revised draft |
Hi there.
Hope all is well.
FuelCell files $250 million offering By Matt Andrejczak, CBS.MarketWatch.com Last Update: 4:50 PM ET Nov 1, 2000 NewsWatch Latest headlines WASHINGTON (CBS.MW) -- FuelCell Energy filed a shelf registration with the
| FuelCell offering |
Gentlemen, I've made some changes to the assignment language of the ABB contract.
The language is not identical to the LM 6000 language, but is substantially the same, and in some respects better.
Please let me know if you have any substantive comments: I am also attaching the current draft of the contract.
It is being revised to incorporate delivery dates and to clarify the scope to include installation obligations of ABB (haul and install).
Also, in the fourth line of the first paragraph, the word "Purchaser" will be added to the parenthetical, after "WestLB".
Any other changes should be very minor or technical.
We are trying to get this finished this week.
Please let me know if you have any questions or comments.
Kay
| ABB Agreement for Review |
Hi there, I'm attaching the latest version of the purchase agreement.
I will prepare a compared version in the am if you will tell me which version you want it compared against.
Talk to you soon, Kay
| Rev next of purchase agreement |
Greetings, Ok, I know I must be doing something wrong.
I either get a "wrong SAP number", or I end up on the HRonline website, with no Clickathomepilot options.
I'm using my HRonline password.
Any suggestions?
Thanks,
| Signing on |
I just completed a lengthy call with A & K concerning the form facility agreement.
A revised draft should be out mid-day today.
I have once again called ABB, but haven't heard back from them yet.
Kay
| Update on GE facility agreement for LM's |
Gregg, Joel is a lawyer with Global Finance.
Since Corp will be loaning the money, I contacted that legal group to get their buy in (they are Sarah's lawyers, so to speak).
Anyway, I thought the change of name from enovate to enervate is priceless.
Enervate= to weaken or destroy the strength or vitality of...
Strange choice for a company name!!!
Kay
| Ennervate |
Scott, I ran a redline comparing the version we sent last Thursday and their new clean draft.
It shows a different number of changes.
Here's the Enron redline: Too much paper!
Kay
| Another redline |
Please print the attached on letterhead.
I'm leaving for Connecticut shortly, and will be back in the office on Thursday (or so I exepct).
Please handle the following Call David Runnels at A & K and tell him thanks, but I can't use the opera tickets this weekend.
Cancel my RSVP for Carrin Patman's lunch tomorrow.
Thanks,
| FCEL consent to disclosure letter |
I'm attaching a revised draft of the option to purchase the land for the VEPCO deal.
I've limited it to the land in Edgecombe County, changed the initial period to 90 days (with 3 x 90 day renewals).
The price is changed to $137,600, as have the option payments ($3500 for each 90 day period).
Is there anything else which needs to be changed?
FYI, I've left a message for Dutch Bumgarnder, VEPCO's lawyer, concerning the interconnection agreement, and who is doing what.
Thanks,
| VEPCO land option agreement |
Jeff, I don't know if our group needs anyone, but I wanted to pass this resume along.
I worked with Carlos when I was at EECC, and I rate him highly.
He'll take on anything, has good people skills, works hard, and has a varied transactional background.
As an added bonus, he is fluent in Spanish.
EECC is being plopped into EES, and Carlos would prefer to make the move to ENA (or EA, whatever we are called).
He discussed this with Vicky, so she is aware that he is checking out opportunities here.
Thanks,
| Opportunities at ENA |
Hi Guys, We don't expect to deal with the facility agreement until around 130, so there isn't a need for Lee to listen to the rest unless he wants to.
Lee, you are more than welcome to come in person, in which case I can give you some exectued change orders.
Kay
| GE CONFERENCE CALL FOR NOVEMBER 10, 2000 |
As usual, the lawyers are the last to know.
Stuart is working on a transaction to sell the asset (Gleason), and therefore this ageement needs to be documented asap, which means in the next few days.
Please review the attached and give me a call.
Thanks,
| SWPC Agreement for Gleason |
Hi Mike, Since we haven't had any luck hooking up on the telephone, I wanted to transmit to you an initial draft of a facility agreement, as contemplated by the contract for the transformer packages for the LM's.
I would have sent this to Dave, but I don't seem to have his email address.
Since the WestLB financing facility is scheduled to expire soon, we need to get the transformers transferred into our new facility, as well as get them contractually allocated to various projects.
Please give me a call or have Dave call me so that we can handle this as expeditiously as possible.
Thanks,
| Transformers for LM's |
We had a very good work session with GE today to iron out the details of the break out contract.
We expect to have a draft on Monday, which should be close to final as far as the form goes.
I have also asked A & K to prepare a memo outlining what will need to be done on a project basis to complete the document.
Please let me know if you have any questions.
Kay
| GE break out contract |
Barbara has asked that I submit a weekly report about what I'm working on.
I haven't had time to fix up anything pretty, but I'll give you the big ticket items: Fuel Cell Energy/CRRA transaction.
Enron owns equity and holds warrants for Fuel Cell stock.
We need to sell 55 mw of fuel cells in order to get the benefit of the warrants.
The commercial team is working on a deal to place 50 mw with the Connecticut Resource Recovery Authority, a state agency.
I have been working feverishly on the equipment contract, and we recently completed the LOI with CRRA.
We need to move to more definitive docs with CRRA, and the structuring isn't complete.
The decision about whether the state will fund the project is expected in December.
This deal is likely to continue to take up a large amount of my time, and requires a fair amount of travel, as I am involved in direct negotiations.
This transaction is on Dave D and Janet D's radar screen, and Mark is familiar with it.
The potential upside (in a perfect world), is rumored to be in the nine figure range.
Turbopark.
Turbopark is the latest financing vehicle for power projects.
Enron is moving 20+ turbines into Turbopark in the next 45 days.
This requires a series of contracts with GE (at least 6) which I am working on.
We also have to move transformers into this facility, so I have been in contact with ABB concerning same.
GE general.
ENA is attempting to negotiate a standard contract with GE.
I've been working with Sheila on this one.
We are committed to finish this project by the end of this year.
Westinghouse warranty issues.
ENA has two significant disputes wiht Westinghouse concerning a couple of turbines.
I'm riding herd on resolving the issues.
VEPCO.
We were attempting to negotiate a PPA with Virginia Power, but ran into some problems, so it won't close this year.
Theres' some miscellaneous follow up work to do.
Illinois development.
I'm supporting the devolopers who are developing power plant sites in Illinois.
Enron/Peoples joint venture.
I'm working with the Enron commercial team in certain matters relating to getting the joint venture up and running.
This gives at least an overview of what I'm spending most of my time on.
.
| Status |
Hi John, Thanks for your call the other day.
The team is currently focused on getting the funding approved, as you can see from the attached.
Also, we have had some discussions with Fuel Cells about the contract to purchase the equipment.
I expect to forward a draft to you soon for a sanity check.
It may be a Connecticut law contract due to the State's involvement.
The next big item will be the project development agreement.
The tax credit monetization is still on the horizon, and if the funding approval is granted, we will want to talk about your sense of how that might work.
Again, thanks for checking in.
| CRRA Request to Reopen |
Greetings, I'm working with Sheila Tweed and others at ENA and EECC in developing a more standardized contract with GE for equipment purchases.
The goal is to develop a more efficient contracting process, and to avoid negotiating the same points repeatedly, with varying results among business units.
Sheila has suggested that I drop you a line to see if this is something you might find interesting and/or helpful.
You now have my email address, and my phone number is 713 345 7566.
Please let me know your thoughts about participating in the process.
Thank you,
| GE "Standard" Contract/off balance sheet |
Hi Heather, Jeff and Ozzie, The only issue I have with the testimony is the statement that the units are "extremely quiet".
At this point FCE will only guaranty 60dba, which some folks might not consider to be extremely quiet depending on how close a facility is to their house.
You may have determined that the noise level will be some number less than 60 dba so that the guaranty level does not reflect the expected noise level.
Kay
| CRRA/Fuel Cells/privileged and confidential |
Gentlemen, Things are heating up, no pun intended.
Therefore, it would be helpful if you would prepare a closing list for the GE turbines moving out of WestLB.
I know it is short, but I thrive on lists.
I cannot tell you how many calls I've swapped with ABB's rep about that contract, without ever hooking up.
I see that we will be facing a fire drill quickly in getting at least some of these transformers into the right financing vehicle.
Therefore, please prepare a list of site specific issues for that document as well.
Thanks,
| ABB/GE |
Paul/Peter, Me again.
I have a meeting with ABB for Thursday.
Could you make me a list of issues like you did with the GE contract (removing the comments from the text), and blackline the new clean "commentless" version against the original master contract.
Thank you,
| ABB |
Here's what I have on the open issues/ to do list: Resolve shipping/delivery obligations in accordance with option agreement; conform contract Confirm pricing Add schedule of delivery dates Finalize assignment language (I sent Mike an email with a question about their request) Agree on effective date: suggest signing date be whatever it is (hope for tomorrow) with effective date being the last day of last option Need estimated price per month to store (a request from Finance for budget purposes) Verify sales tax exemption with WestLB (doesn't require ABB involvement, nor does it need to be done before contract is signed) Need assignment of option (Finance to provide - no ABB action, I'll follow up) Kathy: do you have anything to add?
Are there any technical details left to resolve?
Ben, anything to add?
I'll send a cleaned up version to Mike tomorrow am.
Thanks,
| ABB to do list |
Hi Charlotte, We are going to the Astro's game tonight, so it would be very easy for one of us (probably Neil) to pick Michael up at your place, probably after 630.
Is that ok with you?
Thanks,
| Monday night |
Ross/Jackie, Here's my list of comments to the most recent draft.
It is subject to internal review, but this gives you an idea.
Could we have a telephone conference to knock out as many of these as possible?
Thanks,
| Response to most recent draft |
This is the most current clean version of the GE breakout contract.
You have also received a list of site specific references in the contract to assist in the preparation of the final document.
I will contact Kent Shoemaker today to see how close we are on the form.
It is my understanding that the lawyers involved in the projects will take the laboring oar once the form is ready to go.
I'll let you know as soon as I hear something from GE.
I am also trying to set up a meeting with ABB today or tomorrow.
I will send you the current version of that contract as well, although we have not had any input from ABB on it yet.
Kay
| Gas Turbine Purchase Agreement.DOC |
I suggest we give GE a time line for completing each of the break out contracts.
I'm unfamiliar with the individual project requirements, so I'm asking your help.
I believe City of Austin is ready to go as soon as the form is complete, and it could be a great candidate for working on immediately.
I know the ESA project has some time sensitivity as well.
Please let me know what you think.
Kay
| Break contracts/Priority setting |
Here is the most recent (and dare we hope last?)
draft of the ABB agreement.
Kathy Clark is preparing a redline for your use, and you should have it shortly.
ABB may be insistent upon dating this June 30, but we will try the 7th with an effective date of the 30th.
Ben advises that this is a very, very critical point to ABB.
I have not taken ABB's comment on the assignment language, but I hope they will accept what we've given them in this draft.
I have been advised that the price reduction is due to more definitive design criteria being provided by Enron.
Matt Gockerman points out that their is exposure to Missouri sales tax, so we will need WestLB's cooperation in getting the proper exemption certificate for MO.
Have I forgotten to address any questions or comments?
Thanks,
| ABB rev 10 |
I wanted to pass along the resume of Carlos Sole.
Carlos and I worked together extensively at EECC.
The "reorganization" of EECC has him moving to EES, but he would prefer to work here.
He recently met with V. Sharp, and she understands that he wants to explore opportunities at EWS (I'm learning the new nomenclature).
John Schwartzenburg understands this as well.
I can recommend Carlos as a solid, intelligent, hard working lawyer.
He's a great guy and I believe he would fit in well here.
Thanks,
| Opportunities at ENA |
Hi, Got your voice mail, and it reminded me to sent this out.
I don't know what is up with Jeff, so why wait to send this?
Next comes Finance/M&A (Lance and Travis).
I'm having lunch with Dan today - want to join us?
We are going to Fox Diner.
Kay
| Opportunities at ENA |
Eric, here are some questions from Peter, the AK lawyer who is working on the contract.
If you can respond by return email, Peter can keep this moving.
1.
Payee and Address for Invoices referenced in Section 6.7.2 of the Agreement 2.
Section 6.7.1 Agreement reference [you might see if NEPCO has a reference] 3.
For the recitals, what is the kW capacity of its plant and where is the plant located?
4.
According to the spreadsheet, the Guaranteed Delivery Dates for Units 9-11 was 10/30/00.
The Guaranteed Delivery Date for Unit 12 is 11/30/00.
Are these still the dates we are using?
5.
Please provide the serial numbers for Units 9-12 for Section 10.2.1.
6.
Please provide the names, addresses, etc.
for Sections 25.1 and 25.3 Thanks,
| GE contract for the City of Austin project |
Do the LM facility agreements for DevCo turbines need to contemplate ENA as an agent?
Will it specifically be ENA, or an ENA subsidiary?
Thanks,
| Facility agreements for LM's/Agency arrangement |
Hi there, In resolving some issues with Westinghouse there was an agreement reached concerning the disposition of the Blue Girl turbines, as well as certain issues relating to the Gleason and Wheatland facilities.
In connection with this agreement I am forwarding to you a draft letter agreement concerning resolution of these matters.
As you can see, Westinghouse has requested that NEPCO, EEPC and LJM2-Turbine, LLC sign the agreement.
Your comments would be appreciated.
Kay
| Enron Issues Letter |
Lisa/Rose, Attached is the most recent draft of the facility agreement for the LM6000's.
This version was prepared for the Austin project and therefore lacks any DevCo specific references or requirements.
Your input as to any lender requirements, as well as the rights and responsibilities of the agent, would be greatly appreciated.
Thanks,
| City of Austin Agreement |
Dear Turbine Torture Club Members: The purpose of this email is to confirm that we will have a conference call this Wednesday, November 29 at 130 CT.
The following items have been suggested for the agenda: Form of consent to assignment agreement (draft circulated) - to be used for LM's and Frames, if possible.
Assignment language - new language being tortured within the Enron ranks, to GE soon.
Limit of liability, indemnity, etc.
- Enron owes GE a position on this.
In addition, it seems to me that the following equipment will be "moving" soon: City of Austin LM's (to be assigned to ENA, then NEPCO) LM's for the ESA project PSCO, LV CoGen, the remaining LM's, Pastoria, Blue Dog (all to DevCo, right?)
I suggest that we address any commercial, financial or legal issues outstanding concerning the assignment of these turbines.
There may be others who need to be involved in the call, and there may be additional issues.
Please advise.
Thanks,
| Weekly GE Conference Call |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.