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Neil and I have talked about wanting them to visit for awhile. | dev42 |
I realize there are lots of detail to attend to in the next several weeks. | dev42 |
If there's anything I can do, please let me know. | dev42 |
You and your family stay in our thoughts and prayers. | dev42 |
I can't imagine what you, your dad and sister must be going through. | dev42 |
I can relate to Katie and Annie, though, as the loss of each of my grandparents caused me a lot of sadness. | dev42 |
I know they were close to your mom, and spent a lot of time with her. | dev42 |
What a wonderful gift of memories they must have, and what joy they must have brought to her life. | dev42 |
Love to all, Kay | dev42 |
I'll be glad to assist. | dev42 |
My comments to the Assignment Agreement are as follows: In paragraph A, "transformors" should be "transformers". | dev42 |
Please note the following comments to 6: 6. | dev42 |
Successors and Assigns. | dev42 |
This Assignment shall be binding on and inure to the benefit of the parties hereto, their successors and assigns. | dev42 |
This Assignment and the rights and obligations herein may not be transferred or assigned by one party without the other party's written consent, except that Assignee shall be entitled to assign this Assignments to Calumet Power, LLC or its affiliates (if permitted by the Option Agreement) and there upon be released from any and all obligations hereunder upon the giving of written notice to Enron. | dev42 |
I do not have any comments to the notice. | dev42 |
Please let me know if you have any questions. | dev42 |
Kay Mann | dev42 |
John, Here's ABB's wiring instructions: The wire transfer has to be sent to ABB Trafo, S.A. Our bank coordenates and account number are: Bank : Deutsche Bank Swift Code : DEUTESBB Notice should be sentto: Michael Sandridge Comments to the assignment will come separately. | dev42 |
Please let me know if you have any questions. | dev42 |
Kay | dev42 |
ABB is struggling with a fundamental assignment issue. | dev42 |
Their concern appears to relate to assignment to a project company or contractor which might not have the financial ability to pay. | dev42 |
I believe they are looking for some type of security (LC, bond, guaranty). | dev42 |
I didn't sense that they have an issue with the identity of the assignee, just the ability to pay. | dev42 |
Comments? | dev42 |
Kay | dev42 |
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 |
I know there are projected dates in the purchase agreement, but those were more targets than commitment on the first few units. | dev42 |
Can you give the current status? | dev42 |
Thanks, Kay | dev42 |
Here's the latest version. | dev42 |
It looks ok to me. | dev42 |
The most substantive aspect of it is that Calumet Power (or its affiliate) could end up the indemnity obligations under the agreement. | dev42 |
(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 |
Unless someone objects, I'll tell PERC that Enron is ready to go with the assignment. | dev42 |
Kay | dev42 |
Matt, Our preference is to sign this before June 19. | dev42 |
I recall that Herman is out. | dev42 |
Do you know when he will be back? | dev42 |
I will make sure that you and Herman get a copy of the next draft. | dev42 |
It won't be this week. | dev42 |
Kay | dev42 |
Just for your info. | dev42 |
The agreement and notice are fine with Enron. | dev42 |
Kay | dev42 |
For your review. | dev42 |
Stan, Could you please me send me the electronic file of the executed EPC contracts, including the consolidation agreement? | dev42 |
Thanks, Kay | dev42 |
Please email the signature version of both documents. | dev42 |
Thank you, Kay | dev42 |
Jim, Per Gregg's request, I am forwarding ABB's wiring instructions. | dev42 |
Please let me know if you need anything else. | dev42 |
Kay | dev42 |
John, The price includes shipment to the site and installation, but not connection. | dev42 |
Therefore, there is no additional freight charge. | dev42 |
Kay | dev42 |
John, The executed signature page has been faxed per your instructions. | dev42 |
Kay | dev42 |
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 |
That way, we can sign this up next week. | dev42 |
Kay | dev42 |
Gentlemen: I have been advised by J. Nassos that Peoples (through WestLB) will be exercising the ABB option today. | dev42 |
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 |
Please let me know if you have any questions. | dev42 |
Kay | dev42 |
Jeff, I'll focus on the consolidation agreement today. | dev42 |
It seems to me that the time GE has to remit the payment to ENA should remain 3 days. | dev42 |
I don't see a reason to stretch it to 7 days, since it represents a double payment. | dev42 |
Your thoughts? | dev42 |
Looks like the tax issues are completed. | dev42 |
Kay | dev42 |
This time I'll include the attachment. | dev42 |
It must be Monday. | dev42 |
Kay Enron North America Corp. | dev42 |
Team Vitro: I wanted to run these changes by you before sending them to Jeff Smith. | dev42 |
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 |
He also provide alternative language which appears to be close to what was in the previous draft. | dev42 |
Since I didn't know the genesis of the language in the consolidation agreement, so I thought I would check with you first. | dev42 |
I eliminated 5 (a) because the contracts allow for partial termination. | dev42 |
Hello again, If these contracts are going to be assigned immediately to Mitsui, isn't the issue of a guaranty a Mitsui issue? | dev42 |
Is this addressed in the EPC contracts? | dev42 |
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 |
Kay | dev42 |
FYI. | dev42 |
Is there a conference call scheduled for today, and is Boyd available tomorrow? | dev42 |
Thanks, Kay | dev42 |
Hello again, Makes sense to me. | dev42 |
I would add "on behalf of MEH" after "Transaction" on the first line of the second paragraph of VII. | dev42 |
I don't have the MEH Operating Agreement. | dev42 |
Do you have an electronic copy of it? | dev42 |
Thanks, Kay | dev42 |
FYI. | dev42 |
Isn't it nice to know he is looking out for you? | dev42 |
You can tell how much he cares about you. | dev42 |
Thanks for sharing the stories. | dev42 |
I really enjoy each one of them. | dev42 |
Kay | dev42 |
Hi Gregg, I'm looking at it. | dev42 |
Kay | dev42 |
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