postbot/aeslc_kw huggingface dataset:
Subject: Canadian Form Question


Mark asked me to get your input regarding a Canadian form question.
We have  the following language in the Canadian ISDA Agreements:  Limitation of Rate.
Notwithstanding any provision to the contrary contained  in this Agreement, in no event shall the Default Rate, Non-default Rate, or  Termination Rate exceed the maximum non-usurious interest rate, if any, that  at any time or from time to time may be contracted for, taken, reserved,  charged, or received on the subject indebtedness under the law applicable to  such party.
For the purpose of disclosure pursuant to the Interest Act  (Canada), the yearly rate of interest to which any rate of interest payable  under this Agreement that is calculated on any basis other than a full  calendar year is equivalent may be determined by multiplying such rate by a  fraction the numerator of which is the actual number of days in the calendar  year in which such yearly rate of interest is to be ascertained and the  denominator of which is the number of days comprising such other basis.
Do we need to have the highlighted language exactly as it is, or can we have  a general statement to the effect that the interest rate shall not exceed the  maximun non-usurious rate and interest shall be paid on the actual number of  days elapsed, based on a 365/366 day year?
Is there some special magic to  the above highlighted language?
Thanks for your help.
Subject: RUSH GUARANTY


Attached is that RUSH guaranty Stuart Zisman called about.
We need to get it  signed today.
We will also need the Certificate with respect to the  incumbency of the officer signing the guaranty.
Thanks!
Subject: Island ECN Inc. Confidentiality Agreement


Mr. Faragalla,  I am checking on your review of the Confdientiality Agreement referenced in  our earlier email below.
When might we expect to hear some comments from  you?
Please let me know.
Subject: Pacific Gas & Electric Company


I need to hear back from anyone whose group may be trading with this  counterparty.
Here's my issue.
We have been negotiating an amendment to the Password Application with this  counterparty.
The absolutely refuse to see a GTC.
I don't know if any of  you are trading gas, crude or power with them, but if you are, do you have a  master, or would the counterparty see a GTC.
I'm trying to figure out what  we have before we talk to them.
Thanks!
Subject: Counterparty Approvals for 8/7/00 and 8/8/00


On the referenced list, Credit shows River Trading Company as an amended  counterparty, but I didn't have them at all so I treated them like a new  counterparty.
On the 8/8/00 List, Braintree is a division, and I would like it to read:   City of Braintree, Massachusetts Electric Light Department.
the name on Spinnaker is wrong, Credit will be correcting it to read  Spinnaker Exploration Company L.L.C.
Subject: Counterparty Names-Cities and Counties


In the future, if we have a city or a county come through, we need to  identify the state they are located in as part of the counterparty name.
The  City of Huntsville is an example where I took it to be the the City of  Huntsville, TX, and, per my conversation with Tom today, it appears they are  the City of Huntsville, AL.
This isn't going to be a problem with my  financial approval, since I shut down all cities for financial unless we have  a master in place, but it might be a problem for power.
The same would apply  to counties.
So, if we get cities and counties in, let's try and make the state part of  the counterparty name.
Leslie, do you have any problem w/Huntsville, let me know?
Subject: Hydro-Quebec


Oh guru of all things Canadian...
I'm working on comments to an ISDA that Hydro-Quebec sent us for an  affiliate, HQ Energy Services (U.S.) Inc., which is a Delaware corporation.
Is there anything special about Hydro-Quebec being the Guarantor, or just the  usual considerations having a governmental entity as the guarantor?
By the way, I hope you're coming up for the Legal Conference.
There are many  problems at Enron that need our help in getting sorted out, those kinds of  problems that lots of margaritas seem to bring out!
I'm counting on you!
Subject: Counterparty Approval List for 8/24/00


I have two Australian counterparties on the referenced list, State  Electricity Commission of Victoria and Straits Resources Limited, and I  haven't heard from you, and I need to get that list out.
When you send your  approval, can you be specific as to whether they are approval for Australian  products only, or all products.
Thanks!
Subject: Revised ISDA Multicurrency Agreement


The ISDA Multicurrency Agreement Schedule has been approved and moved into  the attorney forms bank.
It is located at o:legal\atty.fms\swaps\current  forms\isda-multicurrency.doc.
The old ISDA Multicurrency Agreement Schedule is located at  o:legal\atty.fms\swaps\old forms\old2101a#4.doc.
Subject: Revisions to ISDA exhibit.doc


The revised form of ISDA exhibit.doc (which contains the credit support annex  and letter of credit forms) has been moved into the attorney forms bank under  atty.fms/current forms/isdaexh.doc.
The old form of ISDAexh.doc is now under  "old forms" in the attorney forms bank as atty.fms/old forms/oldISDAexh.doc.
Again, per my last email, the revised Multicurrency Schedule is already in  attorney forms.
You may want to circulate blacklined drafts.
The Index to  the swap forms is now also located in the attorney forms bank for your  reference for the most current forms.
It is called "formlist.doc."
London and Singapore, FYI, in addition to making changes to the ISDA  collateral annex, we made changes to the MAC definitions (which we inserted  into ISDAexh.doc for ease of the paralegals) and made changes to the letter  of credit terms, as well as the form of Letter of Credit.
We also added in  an alternative "Credit Support Amount" provision on the front page of the  ISDA credit support annex to deal with situations when we do not want to  return the Credit Support Amount during the term of the Master Agreement.
We moved the guaranty forms (Enron Corp. and Counterparty) as a separate  document(s) in the attorney forms bank, atty.fms/current forms/guaranty.doc.
The guaranty form was revised to (1) make it cover both confirms and masters  so we don't need two separate forms on an ongoing basis, and (2) we changed  the procedures for timing of demands made on Enron (deleting the 15 day  period).
We are also discussing adding an assignment provision to the Enron  Corp. guaranty with Clement and will keep you posted.
We are close to finalizing changes to the Industrial Master, as well as  making changes to the Omnibus form of confirmation.
Also, by the end of the day I will have moved our standard forms of  Secretary's Certificates into the attorney forms bank.
Subject: Prepaid Contracts


Taffy,  these are all finance deals that Sara worked on.
Can you work with  her to get copies of the ISDA Masters for this guy in the Audit group.
Check  Lotus Notes to see if we have blue files, and if not, check w/Sara.
Subject: Power Authority of the State of New York


Per our conversation, attached is the form of ISDA Agreement, with Enron  guaranty attached to it.
As we discussed, Cadwalader will issue an  enforceability opinion with respect to the Enron Corp. guaranty, so we need  to provide them with an opinion with respect to Enron Corp. general corporate  matters.
Thanks for your help!
Subject: NDA-webMethods, Inc.


At the request of Dovie Keprta, I am attaching our proposed form of  Non-Disclosure Agreement.
Please call me at (713) 853-3399 or Dovie at (713)  345-8664 with any questions or comments you might have.
If the enclosed  meets with your approval, please have the agreement executed by an authorized  officer of webMethods and return the copy to me for execution by Enron.
Subject: UK Online Documents


Justy,  We are going to be trading with Deutsche Bank out of their New York and  London branch offices online.
Per my conv.
w/the online team, we going to  have to have them come in thru both Houston and London as a counterparty (we  haven't solved multibranch customers online).
With Edmund out, I need  someone to email me your Electronic Trading Agreement and Password  Application so we can send them to the lawyer we are negotiating the ISDA  Master with.
Can you have someone there send me the docs.
Much thanks...
Subject: Counterparty Approval List for 11/1/00


Primagaz Trading Paris is a French counterparty that had come thru London.
Credit doesn't want them to trade US products.
I've never looked at it  before, so I had to treat it as a new cpy.
Subject: EnronOnline Password Application Signatories


We have received the fully executed Unanimous Written Consent of Managers of  EnronOnline, LLC  dated 11/6/00, effective as of 10/11/00, which appoints  Amita Gosalia, Dale Neuner and Sheri Thomas as agents and attorneys-in-fact  to execute Password Applications on behalf of EOL.
This resolution will  expire one year from the date of its effectiveness.
When you execute, please  sign as "Agent and Attorney-in-Fact".
The original will be filed in the  minute book of EnronOnline maintained in the Corporate Secretary's Office on  the 48th floor, and a copy will be provided to Lisa Lees and Amita Gosalia.
Subject: NDA-Sabre Corporation


At the request of Dovie Keprta in our eMarket Services Group, I am enclosing  a draft of our proposed form of Non-Disclosure Agreement for David Endicott's  review.
I am also attaching a blacklined draft showing the changes from the  NDA you executed with Enron Broadband Services.
Please call me at (713)  853-3399 or Leslie Hansen, Senior Counsel at (713) 853-6121 with any  questions or comments you might have.
We look forward to hearing from you.
Tana Jones Senior Legal Specialist
Subject: NDA's-Amerex


We have received the following executed NDA's:  Between Amerex Power, Ltd. and Enron North America Corp., Enron Net Works LLC  and EnronOnlie, LLC dated 11/09/00.
Between Amerex Natural Gas I, Ltd. and Enron North America Corp., Enron Net  Works LLC and EnronOnlie, LLC dated 11/09/00.
Copies will be sent to Dave Samuels.
Subject: Calpine Power Services/Calpine Energy Services


This Counterparty is on the 11/9/00 EOL List.
We have received documentation  that reflects that Calpine Power Services Company, an entity where we have an  ISDA Master in place, has merged with and into Calpine Energy Services, L.P.,  an entity where we don't have an ISDA in place with.
Is Credit OK with this  merger?
Subject: NDA - Prebon Energy, Inc.


At the request of Bob Shults, I am attaching our proposed form of  Non-Disclosure Agreement.
If the enclosed meets with your approval, please  sign the NDA and return it to me via fax (713) 646-3490.
If you have any  comments or questions, please do not hesitate to call me at (713) 853-3399.
Tana L. Jones Senior Legal Specialist
Subject: EnronOnline-Singapore Counterparties


Matt,  Can you let me know if the following products are approved for trading for  Singapore counterparties, and what restrictions, if any, they might have  (like the eligible swap participant rules in the U.S.):  Commodity Derivatives (energy commodity, metals) Weather Derivatives Credit Derivatives  Further, would there be any limitation for a Singapore counterparty to trade  any of the products we offer, physical or financial online?
I am going to  attach to this one of our recent excel spreadsheets showing all the products  we trade.
Are there any counterparties that are problematic for derivatives in  Singapore?
For instance, here in the U.S., we flag governmental entities for  no trading until we have a master in place, or upfront due diligence required  before we can approve mutual funds or hedge funds, etc.
Thanks!
Subject: Hot Off the Presses


For those of you keeping track, Carrizo makes 475 master swap agreements.
Conferring with Team Swap, we have at least 20 masters out or going out for  sigature this week (including the 9 Merit Energy Partner masters).
Unlike  the media in the Presidential Election, I hesitate to call this one an early  win (especially after seeing the Board in Marie's office!
), but I must say,  Team Swap is looking strong.
Subject: ANP Marketing Company


The referenced Counterparty wants to trade physical power.
Leslie has signed  off on them from a Legal standpoint, but Credit still has concerns and has  assigned them no power headroom.
I spoke to Jeff Mansfield in their Legal  Dept.
and he is going to have his Credit guy call Ed Sacks tomorrow.
Subject: Price Volatility Graph


Mark,  David Portz, Elizabeth Sager and I were looking at this slide and we're not  so sure it's correct.
We think it should reflect two huge power price  spikes, the recent ones of this year, and the big one of last year.
We don't  think the attached slide correctly reflects the two price spikes.
Can you  take a look at it and get back to me...thanks for your help!
Subject: Are You Alive?!


The mad cow disease must have extended to England's venerable sheep, thus  causing a lack of worsted wool, hence, no new trousers which, I'm sure, is  the only reason we haven't gotten a fashion bulletin from you in quite some  time.
The men's fashion news here in the United States says that the current  fashion in ladies pedal pushers (or knee length trousers) has now extended to  the gents and is becoming quite the rage.
Fashion trends are quite slow in  reaching the outbacks here in Texas, but I can see fashionable young swains  in London and New York showing off their knees and ankles.
Has this trend  crossed the Atlantic?!
Has Justin bought a pair in red?
We miss our Tim from Texas....stay in touch!
Subject: Form of EOL Confirm


Last week I left taped to your chair the referenced form of confirm that Bob  Bowen needed you to sign off on.
He says he never hear back.
Can you call  him and give him the sign off.
Thanks!
Subject: Hysla S.A. de C.V.


Please find attached form of Deemed ISDA.
When you fax it to the  counterparty can you please attach to the back of the fax  IRS Forms 1001 and  W-8.
Much thanks!
Subject: URGENT: Paribas (fka "Banque Paribas")


Pam,  Peter Keohane, our Calgary attorney, is working on a termination of some  trades between ECT and Paribas and needs you to fax or send him the following  confirmations ASAP, Deal nos.
EA7484.3 and EB3772.3.
Thanks yet again!
Subject: LOI for Prebon Energy


At the request of Michael Bridges, I am attaching our proposed form of Letter  of Interest.
If the agreement meets with your approval, please return a copy  to me via fax no.
(713) 646-3490.
If you have any comments or questions you  would like to discuss, please do not hesitate to call me at (713) 853-3399,  Mike at (713) 345-4079 or Bob Shults at (713) 853-0397.
We look forward to  hearing from you.
Subject: VP for Bill


Per our conversation, can you get Bill added as a VP of Enron North America.
He didn't want to fuss Enron Canada or EPMI right now.
Thanks for your help!
Subject: Deutsche Bank AG/Bankers Trust Company


As a follow-up to my email regarding the execution of the 12/29/00 ISDA  Master Agreement between Deutsche Bank AG and Enron North America Corp.,  please be further advised:  Effective 6/4/99, Bankers Trust Company was acquired by Deutsche Bank AG.
All financial trading should now be transacted under the above Deutsche Bank  ISDA Master Agreement.
No further financial trading should be done in the  name of Bankers Trust Company, and the 4/16/91 ISDA Interest Rate and  Currency Exchange Agreement with Bankers Trust Company should be inactivated.
All outstanding Bankers Trust Company financial trades were assigned to  Deutsche Bank AG in the ISDA Master Agreement, and all the Bankers Trust  Company trades should be moved to Deutsche Bank.
Subject: EOL - Split Rock Energy, LLC


Things may come in a little differently because of Profile Manager (my direct  input into the EOL System).
I will now only see amendments to counterparties  that have already been approved, thru Profile Manager, they will not be  coming in thru the spreadsheets any more.
So, on amendments that affect  power, I am going to have to send you an email about the change.
For the above counterparty, we originally had them open for power sales  only.
Now, Credit is coming back thru wanting to open them up for the bid  and the offer.
Do you want to change the earlier approval from power sales  only, or open them up all the way?
Subject: NDA - GreenAsh Corporation


At the request of Paul Finken, I am attaching our proposed form of  Non-Disclosure Agreement.
If the enclosed meets with your approval, please  execute the agreement and return it to me via fax no.
(713) 646-3490.
I will  then have it executed by an officer of Enron.
If you have any comments or  questions please do not hesitate to call me at (713) 853-3399, or Mark  Greenberg, Senior Counsel, at (713) 345-8897.
We look forward to hearing  from you.
Subject: MAC Clauses


Per our meeting, attached are the current forms of MAC Clauses.
I have added  at the end of the list, the Event of Default for change in ownership because  I know that one comes up frequently.
Also, I don't know if you want to also  suggest that the other trading groups work from our guaranty forms as well as  our LC form.
The Legal heads of each of the trading groups are:  Mark Taylor:  Financial Trading Jeff Hodge:  Physical Gas Trading Elizabeth Sager:  Physical Power Trading Alan Aronowitz:  Physical Global Markets (Liquids, Plastics, Coal, Emissions  & Metals) Julie Murray:  Physical Industrial Markets (Pulp & Paper, Steel)
Subject: Anadarko Petroleum Corporation


We just opened the above counterparty to trade UK financial crude products  online.
Since the Enron counterparty for these products is ECTRIC we will  need to get a master in place between ECTRIC and Counterparty.
Justin Boyd  in London has graciously agreed to let us handle drafting and negotiation of  the master.
Could you please provide us with credit for this master.
I  don't know if we can just mirror the credit terms in the old master or not.
Since the old master is a Local Currency Master, we cannot do a simple dupe  and change it for UK issues.
I would suggest unless we really have problems  with issues, we more or less try to sign the same paper whenever possible.
Of course, send the credit worksheet for the new master to the paralegals for  the rotation.
Subject: NDA - KPMG Consulting


At the request of Mike Bridges, I am attaching our proposed form of  Non-Disclosure Agreement.
If the enclosed meets with your approval, please  execute the agreement and return it to me via fax no.
(713) 646-3490.
I will  then have it executed by Enron.
If you have any comments or questions please  do not hesitate to call me at (713) 853-3399, or Mark Greenberg, Senior  Counsel, at (713) 345-8897.
We look forward to hearing from you.
Subject: International Paper Corporation


The above counterparty on the 3/7/01 list is ID#93394.
We had a counterparty  on the pre-approval list that was called International Paper Company and was  ID#1836.
Was that one in error?
Are they the same, different?
What's the  scoop?
Thanks for your help!
Subject: NDA - Choice Energy Ltd.


At the request of Daniel Diamond, I am attaching our proposed form of  Non-Disclosure Agreement.
If the enclosed meets with your approval, please  execute the agreement and return it to me via fax no.
(713) 646-3490.
I will  then have it executed by Enron.
If you have any comments or questions please  call Mark Greenberg, Senior Counsel, at (713) 345-8897.
We look forward to  hearing from you.
Subject: Panther LLC and Dakota LLC


We have received the above executed ISDA Master Agreements  (Multicurrency-Cross Border) with the two referenced counterparties executed  05/25/99, effective as of 11/16/98.
Copies will be distributed.
I have also received in the originally signed confirmations and will be  sending them down to Laurel Adams.
Subject: Amerada-Hess Corporation


As an introduction:  The referenced counterparty is trying to straighten out  the online products it wants to trade with us (it's open for some, but not  all of the products it wants to trade).
When I looked at Profile Manager to see what they had already been approved  to trade, I noticed that this counterparty was opened to trade many of the  European products, including specifically European physical power products  (which is unusual for a US based counterparty to trade).
Before I go in and change the profile for this counterparty, I wanted to  check with you and see if London had specifically opened them to trade the  products they were opened to trade (especially physical power).
What I usually do when I am approving US based counterparties, is that with  respect to Non Us & Canadian products, as long as they are an Eligible Swap  Participant I open them up for all products except European physical power,  which I never open them for.
Also, Credit Derivatives, I never open anyone  up for unless we really mean it.
So, my question to you is did London actively approve the non US & Canadian  based products (especially physical power).
If you didn't, then I am going  to take this as an oversight of the pre-approval process and shut them down  for European physical power.
Subject: NDA - Aspen Technologies


At the request of Bob Shults, I am attaching our proposed form of  Non-Disclosure Agreement.
I am not sure if we have the correct legal name  of your company, so can you please verify that for me.
If you have any  comments or questions please call Mark Greenberg, Senior Counsel, at (713)  345-8897 or me at (713) 853-3399.
We look forward to hearing from you.
Subject: Meeting


Would you like to set up this meeting or would you like me to?
I would like  to get this Koch thing resolved ASAP, so I think the sooner, the better.
From Legal's side, both Mary Cook and I need to be included, I spoke to  Credit and both Walter Guidroz and Tom Moran would like to be included,  probably Joe Hunter from the Confirm Desk as well, and anyone else you're  aware of.
Let me know how you think we should proceed.
Subject: Termination of EnronOnline Trades


Per my discussion with Mark Taylor and our conversation today, attached is  the form of Termination Agreement that should be used when terminating  EnronOnline mistake or "oops" trades.
The trades should continue to be  initially run past the Legal Department to determine whether there are any  unusual circumstances surrounding the trades, but absent unusual  circumstances, Legal will then pass the trades on to the Confirmation Desk  for preparation of the Termination Letter and further handling.
These same  procedure should apply to physical as well as financial transactions.
Since this is a contract, the agreement will require the initials of a lawyer  and signature of a VP or above for the relevant company.
The Termination  Letter should be brought to the appropriate Legal Group for signature.
The current policy with respect to mistake trades is that the trade should be  terminated.
Reverse trades should not be entered into.
If you have any questions, please call.
Subject: Assignment of FPL Trades


Per my voicemail, attached is the assignment of the FPL trade.
If you could  please attach as Exhibit A, the specifics of the trade and then fax the  assignment to the counterparty.
When the counterparty faxes the signed  Assignment back we will have to have it initialled by a lawyer since it is a  contract, and send it up to me and I will get someone to sign it.
Subject: Nymex Training


Below are the training preferences for our three Houston traders.
If you  could sign them up I'd appreciate it .
I'll let you know as soon as I hear  from the two Portland lads.
Thanks for your help, it was fun chatting with you!