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Lee, I've asked the question about the other invoices.
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If we don't get an immediate answer, I think you can send the invoices to Ben, and we can process them here.
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I'm always happy to volunteer Ben.
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By the way, I haven't given Ben his signing party favor, as he hasn't been in Houston since we last met.
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Kay
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Looks good to me.
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George left me a message looking for an update.
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If you talk to him, would you let him know that I sent the invoicing language to GE, but my contact wasn't in the office.
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I expect to hear from them soon.
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Kay
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Hi guys, I'm faxing you some changed pages as requested for the CA Development deal.
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For some reason my email wouldn't go through.
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I should have an answer to the invoice question tomorrow.
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If all else fails you can send the invoices to Ben and we can process them here.
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Kay
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Mr. Jody Pierce 1400 Smith, EB 2480
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Fred, I forwarded you the notice prepared by Global Finance.
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It requires essentially the same information.
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Kay
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Please do.
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Give Lil a big ol hug for me.
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I miss her!
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Did you hear that Carlos is joining us?
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I don't think he has told John S.yet.
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Kay
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Hi Brett, I haven't seen the fax yet.
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I'll check around.
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Maybe it got stuck in the wrong pile.
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Kay
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I am attaching a revised draft notice of intent to exercise the purchase option for the equipment for the CA transactions.
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We need two separate notices - one for CA I and one for CA II.
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Ben/Fred/Rebecca, could you please prepare a draft of the two exhibits?
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Lisa/Catherine/Rose, I revised the form of notice to make it track the participation agreement and the development and construction management agreement.
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I've tentatively dated the notice as of this Friday.
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By my calculations, Monday is our drop dead date since a waiver of the 5 day period is not an option, and the deal dies if not closed by the 15th.
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Ben mentioned that I should be drafting a "release letter" for the banks and/or DevCo.
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It would be a big help if someone could point me to the section in the documents which set forth the requirements of the release, since I'm still wading through it all and haven't found the relevant language yet.
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Also, please advise of the results of the conference call which you had with the lenders (?) and/or their lawyers regarding the issue.
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I am working on the assignment and assumption agreement.
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Thanks, Kay
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Hi Roger, We are going forward with the first deal to move stuff out of TurboPark.
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I don't know if you want to see these types of documents, but what the heck, here it is!
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Kay
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I haven't seen it come back.
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I spoke with Lynn around Christmas, and he said the person who would sign was out of town, but was supposed to be back last week.
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I'll be glad to follow up.
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I was out last week and just haven't worked to that point on my "to do" list.
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NEPCO and EECC have signed, by the way.
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Kay Enron North America Corp.
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I am working on a deal to move TurboPark equipment into Enron owned LLC's, with a simultaneous sale of 80% of the equity to a third party.
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This deal is supposed to close by Jan 15, so I'm getting a crash course on TurboPark and how to get stuff out of it during the early phase.
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I thought I would share what I'm learning, if nothing else as a form of therapy.
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Attached to the email is what I believe to be the proper form of notice to take something out of TurboPark.
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Five to fifteen business days' notice is required.
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There will be other documents involved as well: Bill of Sale Assignment and Assumption Agreement UCC releases, if applicable (UCC filings are made on all delivered equipment) I suspect a consent by the equipment seller may also be required.
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More to come on this one.
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As I learn more about the process I will keep you advised.
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Kay
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I've been told by Global Finance that this is how TurboPark stuff gets invoiced.
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I'm thinking it might help if copies are sent to project people.
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What do you think?
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Kay
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I need LJM.
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Someone in Global Finance has offered to help with that.
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Kay Enron North America Corp.
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Lee, The best way to go about it would be to send the invoice to Jody, but copy the Enron project folks you have been dealing with.
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Are we ready to sign the Fountain Valley contract?
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I would think that we could sign the change order at the same time, and payment terms can be whatever the Enron project team has bought in to.
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The banks won't care.
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Have you seen sig pages for ESA yet?
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Kay
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I went to Sheila's meeting.
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Barbara and Jeff were there also.
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Hmm.
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Don't know about the faxed signature.
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Feel free to call Carolyn Campbell at King & Spalding and ask.
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713 276 7307.
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Find out about faxed signature, and whether tomorrow is too late.
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We need the escrow account in place by FRIDAY.
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Is Mike Miller in?
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Ozzie would be fine, I guess.
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Thanks, Kay
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You know me.
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I don't care one way or the other.
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Is there a reason why you want to skip it?
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We don't have to go to FW for the rodeo.
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I just thought that would be fun to do, and my mom wants Michael to come so badly.
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We can always just go for a visit.
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In fact, Michael and I can go alone some time.
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Like I said last night, you would make a great guide.
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You'll be Michael's guide one of these days.
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I think it is two separate documents, one for each purchaser (CAED I and CAED
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Any response on the amendment to the letter agreements?
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WHOA.
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We are not wiring money, we are receiving money.
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This should occur either Jan 12 or 15.
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Minor detail.
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Kay
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Please email me the execution version of the escrow agreement.
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Are we using one, two or three?
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