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|---|---|---|
Kay
|
dev42
| 34,497
|
Chris and Mike, We are trying to do some sales tax planning, and need to know when the first LM 6000's will be ready to ship (or store, as the case may be).
|
dev42
| 34,498
|
I know there are projected dates in the purchase agreement, but those were more targets than commitment on the first few units.
|
dev42
| 34,499
|
Can you give the current status?
|
dev42
| 34,500
|
Thanks, Kay
|
dev42
| 34,501
|
Here's the latest version.
|
dev42
| 34,502
|
It looks ok to me.
|
dev42
| 34,503
|
The most substantive aspect of it is that Calumet Power (or its affiliate) could end up the indemnity obligations under the agreement.
|
dev42
| 34,504
|
(in other words, an entity without a lot of money to fund indemnity obligations) In my opinion this isn't important in the context of the option.
|
dev42
| 34,505
|
Unless someone objects, I'll tell PERC that Enron is ready to go with the assignment.
|
dev42
| 34,506
|
Kay
|
dev42
| 34,507
|
Matt, Our preference is to sign this before June 19.
|
dev42
| 34,508
|
I recall that Herman is out.
|
dev42
| 34,509
|
Do you know when he will be back?
|
dev42
| 34,510
|
I will make sure that you and Herman get a copy of the next draft.
|
dev42
| 34,511
|
It won't be this week.
|
dev42
| 34,512
|
Kay
|
dev42
| 34,513
|
Just for your info.
|
dev42
| 34,514
|
The agreement and notice are fine with Enron.
|
dev42
| 34,515
|
Kay
|
dev42
| 34,516
|
For your review.
|
dev42
| 34,517
|
Stan, Could you please me send me the electronic file of the executed EPC contracts, including the consolidation agreement?
|
dev42
| 34,518
|
Thanks, Kay
|
dev42
| 34,519
|
Please email the signature version of both documents.
|
dev42
| 34,520
|
Thank you, Kay
|
dev42
| 34,521
|
Jim, Per Gregg's request, I am forwarding ABB's wiring instructions.
|
dev42
| 34,522
|
Please let me know if you need anything else.
|
dev42
| 34,523
|
Kay
|
dev42
| 34,524
|
John, The price includes shipment to the site and installation, but not connection.
|
dev42
| 34,525
|
Therefore, there is no additional freight charge.
|
dev42
| 34,526
|
Kay
|
dev42
| 34,527
|
John, The executed signature page has been faxed per your instructions.
|
dev42
| 34,528
|
Kay
|
dev42
| 34,529
|
Jeff: Here's a draft for your review: I suggest that the payment terms for the offshore contract require the intial payment to be made within 7 business days of execution.
|
dev42
| 34,530
|
That way, we can sign this up next week.
|
dev42
| 34,531
|
Kay
|
dev42
| 34,532
|
Gentlemen: I have been advised by J. Nassos that Peoples (through WestLB) will be exercising the ABB option today.
|
dev42
| 34,533
|
I have asked that they send me a copy of the notice of exercise of option, and I left Mike Sandridge a voice mail telling him to expect it this afternoon.
|
dev42
| 34,534
|
Please let me know if you have any questions.
|
dev42
| 34,535
|
Kay
|
dev42
| 34,536
|
Jeff, I'll focus on the consolidation agreement today.
|
dev42
| 34,537
|
It seems to me that the time GE has to remit the payment to ENA should remain 3 days.
|
dev42
| 34,538
|
I don't see a reason to stretch it to 7 days, since it represents a double payment.
|
dev42
| 34,539
|
Your thoughts?
|
dev42
| 34,540
|
Looks like the tax issues are completed.
|
dev42
| 34,541
|
Kay
|
dev42
| 34,542
|
This time I'll include the attachment.
|
dev42
| 34,543
|
It must be Monday.
|
dev42
| 34,544
|
Kay Enron North America Corp.
|
dev42
| 34,545
|
Team Vitro: I wanted to run these changes by you before sending them to Jeff Smith.
|
dev42
| 34,546
|
Jeff S. has lobbied for deleting the language on assignment, and state that assignment of the consolidation agreement will be subject to the same terms, etc. as the other 2 contracts.
|
dev42
| 34,547
|
He also provide alternative language which appears to be close to what was in the previous draft.
|
dev42
| 34,548
|
Since I didn't know the genesis of the language in the consolidation agreement, so I thought I would check with you first.
|
dev42
| 34,549
|
I eliminated 5 (a) because the contracts allow for partial termination.
|
dev42
| 34,550
|
Hello again, If these contracts are going to be assigned immediately to Mitsui, isn't the issue of a guaranty a Mitsui issue?
|
dev42
| 34,551
|
Is this addressed in the EPC contracts?
|
dev42
| 34,552
|
If an Enron entity must give a guaranty, I would think we would want ENA to give it, to be replaced by a Mitsui guaranty unless we have some safeguard against the possibility of paying Mitsui and Mitsui not paying GE, so that we would have to pay twice.
|
dev42
| 34,553
|
Kay
|
dev42
| 34,554
|
FYI.
|
dev42
| 34,555
|
Is there a conference call scheduled for today, and is Boyd available tomorrow?
|
dev42
| 34,556
|
Thanks, Kay
|
dev42
| 34,557
|
Hello again, Makes sense to me.
|
dev42
| 34,558
|
I would add "on behalf of MEH" after "Transaction" on the first line of the second paragraph of VII.
|
dev42
| 34,559
|
I don't have the MEH Operating Agreement.
|
dev42
| 34,560
|
Do you have an electronic copy of it?
|
dev42
| 34,561
|
Thanks, Kay
|
dev42
| 34,562
|
FYI.
|
dev42
| 34,563
|
Isn't it nice to know he is looking out for you?
|
dev42
| 34,564
|
You can tell how much he cares about you.
|
dev42
| 34,565
|
Thanks for sharing the stories.
|
dev42
| 34,566
|
I really enjoy each one of them.
|
dev42
| 34,567
|
Kay
|
dev42
| 34,568
|
Hi Gregg, I'm looking at it.
|
dev42
| 34,569
|
Kay
|
dev42
| 34,570
|
A little light reading.
|
dev42
| 34,571
|
Another will follow.
|
dev42
| 34,572
|
As promised...
|
dev42
| 34,573
|
Fred, My understanding (which I will verify) is that Enron would still be at risk from an environmental standpoint with a lease.
|
dev42
| 34,574
|
We could try to lessen our exposure as much as possible with the lease, and get indemnity from PGL.
|
dev42
| 34,575
|
Kay
|
dev42
| 34,576
|
Per your request.
|
dev42
| 34,577
|
Hi Richard, I'm working on a form EPC contract.
|
dev42
| 34,578
|
Do you have a favorite arbitration clause you would suggest be included?
|
dev42
| 34,579
|
Thanks, Kay
|
dev42
| 34,580
|
Who is authorized to sign on behalf of this company?
|
dev42
| 34,581
|
Thanks, Kay
|
dev42
| 34,582
|
Gentlemen, I have made changes to the consolidation agreement, which I hope all will find acceptable: (It does need a date or two.) As for the termination agreement, here's what I suggest: Do we want to address the purchaser's parent guaranty in both of the contracts, or just the consolidation agreement?
|
dev42
| 34,583
|
I would suggest that we make the guaranty a deliverable 30 days after execution of the contracts, which gives us time to get the Mitsui assignment done, as we expect to assign the contracts immediately.
|
dev42
| 34,584
|
That way, Mitsui can provide the guaranty, if necessary.
|
dev42
| 34,585
|
If ENA does provide the guaranty, we would want to have the ability to have it replaced with a suitable substitute guaranty from Mitsui.
|
dev42
| 34,586
|
Sorry I missed your call.
|
dev42
| 34,587
|
It was a day of meetings.
|
dev42
| 34,588
|
I will be on the road tomorrow, but will check my voice mail.
|
dev42
| 34,589
|
Kay
|
dev42
| 34,590
|
Gentlemen, Here's the notice we discussed.
|
dev42
| 34,591
|
Kay
|
dev42
| 34,592
|
Did you guys work out anything on the 12th slot?
|
dev42
| 34,593
|
Thanks, Kay
|
dev42
| 34,594
|
FYI
|
dev42
| 34,595
|
I thought I recalled you suggesting that changes we used on the LM 6000 deal be incorporated into a "master".
|
dev42
| 34,596
|
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