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We have consistently stated that we do not consider the transaction a "done deal" until final documents are executed.
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2.
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We are no longer willing to consider the proposed transaction.
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The reason is simple: the market has moved and they failed to act quickly.
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3.
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All markets,pet coke markets in particular, are time sensitive.
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Because Votorantim has delayed in the execution of final documents, it accepted the risk that, over time, market prices would change and Enron would no longer be willing to sign a deal.
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4.
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Again, we never had a final, enforceable deal.
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Their only claim is that we misrepresented to them our willingness to do the deal and therefor they didn't pursue negotiations with a third party.
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Our response is: we never made any misrepresetation and it is not reasonable to rely on our negotiations as a basis to forego discussions with third parties when Enron never sent them a binding offer.
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I would like to cancel,as long as my RC is not charged.
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Unless I hear otherwise, I will asume this is ok.
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yes, I will attend.
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Can you get w/ Staci and take care of this request?
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The requirement that all three arbitrators have 10 years of experience in unrealistic.
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We will be hard pressed to find one.
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Most arbitrators are lawyers.
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With respect to the second change, it is not a change we should make.
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This changes the arbitration from a party designate arbitration where one of the arbitrators is our advocate, to a totally nuetral panel.
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I think we have compiled all the information you requested.
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Sorry for the delay.
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Please call Linda Guinn at ext.36104
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FYI
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FYI
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FYI
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I just wanted to remind everyone involved with the TVA litigation (and potential litigation) to be mindful of the possibility that some of our internal communications in the next several weeks may be the subject of TVA discovery requests in the coming months.
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Please do not generate any notes or e-mails without talking to me first.
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When scheduling meetings regarding strategy, please include an attorney so that we can protect the communications through the attorney-client privilege.
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If you have any questions about this procedure, do not hesitate to call me at ext.
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35587
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After reviewing the petition, I think this belongs to EES.
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I'm ok
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The plans are up in the air.
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The first weekend that we are all free is the weekend of Feb 26.(if you can't make it that weekend, let me know.) If all three of us come, there is probably 4-6 hours of work.
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I would propose that we bring Ben,James and Ryan only.
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I will arrive Fri night and leave Sun morning.
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Let me know what you think.
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I can't tell what changes he made.
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Can you?
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Both Sheila Tweed and I have concluded that Kristopher Wahlers is not a good fit for our position.
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Do you have any other prospects?
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Britt was going to check with all the Enron GC's.
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I assume he got no response.
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Your observations on how to fix the problem are right on the money.
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The other thing we should have done is confirm that the broker confirm links the two transactions as well.
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Have you received all the information you need?
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Send it to everyone you believe should get it.
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Unless I hear otherwise from you, I will assume you are going to send the letter with attachments today
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I have pushed this meeting until Feb. We need to meet w/:Mcconville(2 hours after Barth),Barth( first meeting in the morning), and Travis.Please set up asap.
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Please try to track this down.
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Please call him and set this up
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I am assuming this meeting is canceled.
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Bill is a great guy but I have no interest in a presentation.
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Sorry,but we have no interest.
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I have no changes to the description
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What time is the party?
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Whalley's asst tells me the meeting at the Px is at 9 am.
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I have left Greg a voicemail indicating that the three of us should talk today about strategy.
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Yes to arbitration.
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No to waiver of jury trials,unless the counterparty is in the Rio Grande Valley or some other bad venue.
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I f you haven't already done so, please review the attachments.
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Don't provide any feedback in writing or e-mails,simply talk to them on an unrecorded line.
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We need to meet with, in this order, Brian Barth,Travis McCoullough,Kevin McConville and John Hopley.
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Lisa Mellencamp may also want to attend the meetings with the attorneys from Millbank.
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Does anyone know this guy and should we interview him?
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Let me know what you think--obviously we need to decide quickly.
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Please drop me a voicemail or an e -mail when you have the time.
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I am out of town starting today.
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Also-- I circulated the resumes of the two Canadian attys you sent to me last week.
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If you have any more comments about them,leave that in the voicemail and I will forward it to Shelia and Julia.
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Enron Capital & Trade Resources Canada Corp.
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I have asked the headhunter to set up an interview through Twanda.
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Remember- no panic shopping.
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What is the status of my upgrade request that was made 5 weeks ago?
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Thanks for yor message.
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On another front, I will be in London next week and I would like to meet with the attorneys who will be pursuing the Pacific Valour claim.
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Did we ever decide on counsel?
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I dont care
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I have asked Bruce Oakley for a status report.
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I'll let you know when I hear from Bruce.
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I am in London this week and will be meeting with David Best on Thurs to discuss.
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Note the mosquito problem in Houston (see below)!
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Please find attached details for the forthcoming Enron Americas Management Offsite.
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There are group actions which need to be completed before arriving in Beaver Creek.
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The Offsite will involve meetings, mountain biking and white water rafting (grade 3), so please bring appropriate clothing.
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For those who have not been rafting before appropriate clothing would be swimwear, sports shoes, hat, shorts and T-shirt.
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Life jackets will be provided.
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The accommodation will be in condominiums in Beaver Creek and room assignments are also attached below.
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Transportation The attached agenda outlines the transportation requirements for those departing from Houston.
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It is assumed that all members of the ESA team will also travel to and from Houston with the Houston based employees.
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Dorie Hitchcock will be contacting those of you separately who are not traveling to and from Houston.
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Video You each have been assigned to a group for the sole purpose of completing a video prior to attending the Offsite.
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The video filming should be completed and on a VHS tape prior to departure for Beaver Creek.
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The purpose of this video is to provide a comic interlude to the proceedings.
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The videos will be seen prior to dinner on Friday night at Saddleridge.
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The video should be about 5 minutes in length, on a VHS tape and there is a zero budget assigned to the production of the video.
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Each team has been given a title which is open to interpretation (see attached spreadsheet).
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Please find attached the following information: (i) Attendees and Teams for Video (ii) Draft Agenda Any questions or concerns should be addressed to Dorie Hitchcock (Ext 36978) We look forward to seeing you in Beaver Creek.
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John & Louise
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