postbot/aeslc_kw huggingface dataset:
Subject: HDD Swap between ENA and Aquila Risk Management Corporation

Hi, David!
Hope all is well.
Since the referenced swap has been documented  by ENA, I am now reviewing the Transaction.
I have a number of questions,  many the result of my unfamiliarity with your Australian Reference/Fallback  weather stations and a few other comments.
I thought I would mark this up  and fax it to you which I will do shortly.
Sara
Subject: work for you

BY THE WAY, your voice mail does not work!
If your phone calls roll over to  an assistant or I try to leave you a voice mail, I cannot get there!
Please  call or stop by.
Sara
Subject: Derivatives Trading in Portugal

Could I arrange a very short conversation with you regarding the May 28, 1999  memo from Jorge Brito Pereira?
I would like to discuss your analysis and any  further actions which the local firm may be taking on ECTRIC's behalf.
I  have a paper trade with a Portuguese corporate pending receipt of an  enforceability opinion acceptable to ECT.
I'm not sure if we'll get there.
I'm interested in further discussions you may have had internally or  externally.
Sara
Subject: Assignmemt/Amendment

Robert:  Susan Flynn told me that your client is objecting to the deletion of  the first part of the first sentence in the "Setoff" language.
I just wanted  to explain why we are requesting this change.
In reviewing our forms during  the latter part of 1999, we made a number of changes to both our ISDA  Schedule and CSA.
One of these changes was the deletion of  the preamble  language contained in the setoff provision.
We concluded that the phrase  "Without affecting ...., all payments will be made without setoff  ...;provided, however," actually negated the effect of setoff which we WANT  to occur UPON THE DESIGNATION OR THE DEEMED DESIGNATION of an Early  Termination Date.
What purpose do you think the phrase serves if left in the  setoff provision?
Please feel free to give me a call at 713/853-5620.
Thanks.
Sara
Subject: Enron Corp. guaranty in favor of PG&E

Jack:  I just spoke with Karola and she tells me that you want to talk about  the guaranty.
I didn't recall if you had ever reviewed our proposed format.
Also, I am aware that Enron Corp. previously issued a "General Guarantee  Agreememt" on behalf of Enron North America Corp. (formerly, Enron Capital &  Trade Resources Corp.) on January 28, 1998.
Which format are you interested  in using?
Our cap for financial transactions with PG&E is, I believe, $10  million.
Please give me a call as I am the first point of contact for  negotiating the guaranty.
Thanks.
Sara
Subject: see "Additional Provisions" in the attached confirm

Joe:  Per my voice mail, see part (iii) of the above and please revise to  provide accurate description of the condition to which you agreed with  MediaNews.
Just to say "ENA closes on the KPM Lasara L.P. newsprint mill" is  not sufficient.
Sara
Subject: Executing Broker Agreements

Jason:  I still cannot access your voice mail (isn't your extension 34454?)
If I'm right, please have your assistant look into this.
Can we put these two brokerage agreements (below) at the top of your list?
Subject: brokerage agreements

Sheila:  Paul Radous (Ext.
58356) in credit will be monitoring brokerage  accounts from a credit perspective.
I have provided him with an overview of  the "process".
When he has had an opportunity to digest the information, I  think it would be helpful to meet with Paul.
In the meantime, would you  please begin to copy Paul on all messages to Ted Murphy regarding the purpose  of new accounts.
Thanks.
Sara
Subject: San Diego Gas & Electric - financial trading

Abbey:  On March 29, you left me a voice mail in connection with the  foregoing.
Please call me at 713/853-5620 for an update and to answer you  questions.
There is not much left to do.
Thanks.
Sara Shackleton
Subject: ITG POSIT ( a "division" of the ITG trading desk }

Mark:  Thus far, I have uncovered only one "nondocumented" electronic  agreement.
The equity desk uses the services of POSIT which is an electronic  trading system which matches orders six times daily for institutions and  broker dealers.
There is no agreement for this matching service.
I am not  aware of other "matching services" and whether any agreements are in place.
Let me know if you have any concerns.
Thanks.
Sara
Subject: Legal/Credit meeting, etc.

(1) In connection with Taffy's report, please note the following: Aquila Canada Corp. - follow up Christiania Bank - need to send for execution Ospraie - send revisions  (2) Also, what have you heard from Laurie about the Australian ISDA's and  brokerage agreements?
We should begin incorporating into our database.
If  we use your assistant, we should input data during the regular business day.
(3) I have Jason helping me on about seven different brokerage arrangements  and will soon need appropriate backup to send together with execution  copies.
I am keeping dummy files until these are finalized.
Subject: Financial Trading - Enron affiliates

Susan:  I wanted to clarify  whether Enron Australia Pty.
Ltd. needs to  execute ISDA Master Agreements with the SAME counterparties which already  have agreements with ENA (and vice versa).
As an example, I can only rely  upon tax advice ENA has previously received in connection with the services  agreement between ENA and ECT Canada.
For book and tax purposes, the trade  is recorded on the risk books of the Enron affilate ultimately booking the  trade but the transaction is actually documented in the name of the Enron  affiliate having the Master Agreement with the counterpary.
The Enron  affiliate having the Master Agreement with the counterparty then transacts  with Risk Management & Trading Corp. (through a bulk swap arrangement).
The  credit risk remains with Risk Management & Trading Corp. (through an internal  back to back transaction with the "booking" Enron affiliate)  for which the  "booking" Enron affiliate will presumably pay a fee pursuant to the services  agreement.
Consider:  ENA is negotiating an agreement with Commonwealth Bank of  Australia.
Will Enron Australia require a separate master with Commonwealth  Bank of Australia?
Or will the services agreement permit the hereinabove  described arrangement?
Subject: Vintage and Bolivia

I'm on the conference call now.
John Novak suggested that you, he and  Frederico speak.
It sounds like commercial and credit need to iron this out  together.
John is in his office now and the call usually takes about an  hour.
Sara
Subject: ISDA Agreements governed by English law

Mark:  Thanks so much for your explanation earlier today.
Just one more  question, please:  is arbitration or litigation the preferance under English  law?
How often do you negotiate to the contrary?
Thanks.
Sara
Subject: Bridgeline

Susan:  Would you please follow up with Bridgeline now as I am preparing a  futures agreement for them!
We need them to get their act together.
Thanks.
Sara
Subject: Cargill, Incorporated - the final SETOFF discussion

Tanya:  There's no short answer with these people!
I think we are fine with  their setoff language (part A only) because the NDP always has the option to  permit setoff to other agreements between the parties as to amounts payable  by the Payee to the Payer (where the Payer owes money under the ISDA to the  Payee).
So here's my recommendation:  (1)  Call your friend Andre and hear what he has to say.
He has some kind of  suggestion about Part (B) and limiting the NDP's payment to the DP to be  based upon satisfaction that "nondisputed" amounts having been paid by the  DP.
Will he also raise the "other agreements" issue here?
Not a clue.
(2)   If Cargill leaves part A in tact and we agree to change part B, I'M  FINE.
(I'm fine without part B, actually)  (3)  The potential problem is that Cargill and ENA view part A differently,  right off the bat.
I think Cargill is wrong because they don't read part A  as applying to "other agreements between the parties".
But Cargill proposed  part A and it DOES apply to "other agreememts between the parties."
I don't  want to start off on the wrong foot so I'm sure I'll have to discuss this  again with Marty.
Thanks for your continued help.
Sara
Subject: SITA

Please put attached in the SITA file.
The ISDA parties are ENA and SITA.
Michael Khajeh-No in the London office will be negotiating this agreement  with SITA on behalf of ENA.
Subject: Master Agreement (financial) between Enron North America Corp.  ("Enron") and Vitol S.A.

Jay:  I am a lawyer with Enron.
I called for you on Friday, you're out, and  no one else could help.
I would like to speak with a Vitol lawyer about (1)  replacing our existing financial master with an ISDA (to accommodate a  broader range of products) and (2) specifically incorporating the relevant  ISDA definitions into the recent weather transaction confirmations even  though the master is an early master energy price swap agreement.
Please  call me at 713 853-5620 with the information so that we can move quickly.
Thank you for your help.
Sara
Subject: omnibus option

Attached is a form (NOT OFFICIALLY APPROVED) for use with the omnibus.
It is  different from the version which you e-mailed to me earlier.
SS
Subject: Goldman, Sachs & Co. ("Goldman") Client Access Agreement, Schedule  A and Request for Password ID

Susan:  I would like to have this agreement (all three parts) executed early  Monday and faxed to Goldman.
Gary Hickerson can sign for Enron North America  Corp. together with Ted Murphy as the second signatory.
Please prepare an  addendum or annex for the Client Access Agreement with the following inserts  for Paragraph 9:  INSERT 1 to Paragraph 9(g) after the word "enjoined":  "upon proof of any  such breach"  INSERT 2 which will replace the second and third sentences in Paragraph 9(h)  :  "Any dispute between the parties relating to this Agreement shall be  resolved pursuant to the ARBITRATION provision contained in Schedule A to  this Agreement."
For purposes of the password ID application, we must verify that Harry Arora  is still authorized to trade for ENA (and employed by ENA).
Roy Ibasco is coordinating for Harry.
After signing, we can fax to Goldman and I have the fax info.
Thanks.
Sara
Subject: Counterparties with high volume of trades for 1999

Attached is a "high volume" counterparty list for two categories.
With  respect to the first category, Carol is handling BPAmoco and I am speaking  with Cargill.
Should we address Neumin?
And should we actively try to  replace existing ECT masters with ISDA's?
Sara
Subject: Chase repo

Trena:  Can you please let me know if the docs from Chase are to amend the  existing Repo Agreement between ENA and Chase?
What type of transactions  will you be doing with Chase?
The docs I received are from a woman named  Monica Turner and she has not returned my phone call.
She did not provide an  email address so I don't know how to get in touch with Chase.
Can you help?
Maybe get me another name?
Thanks.
Sara
Subject: Revised U.S. Wholesale Power Bilateral Master Agreement

Sami:  Attached are the most recent ENA power trading agreements.
Parts of  the agreements may be useful to you and/or Jose Emilio (or whomever you are  working with).
Tozzini began with the earlier ENA template.
Please forward  any translated trading docs to my attention.
Thanks.
Let me know if there  is anything else I can do.
Sara
Subject: Friday luncheon

Bob:  Are there any issues that might be useful for your goup that I should  address?
Also, I would like to chat with you about settlements on multiple  trades.
An interesting issue was raised in our credit lunch last week.
Please let me know when you are available.
Thanks.
Sara
Subject: Thos. Weisel/Chase

Sheila:  Per my voice mail, can you make headway with these two companies?
We have not heard back from either.
I think that there needs to be a  commercial push.
Please call if you have any questions or if I can help  further.
Thanks.
Sara
Subject: Brokerage Agreements added to Lotus Notes

Tana:  I added several brokerage agreements to the database yesterday and all  ended up in the "Other Agreements" section.
Except for one, which is an  "electronic trading agreement".
Can I call our developer?
Thanks.
Sara
Subject: Revised U.S. Wholesale Power Bilateral Master Agreement

Hi, Andrea!
Attached are updated power trading forms currently in use by  ENA.
I thought these may be useful.
I have forwarded these already to  Sami.
Let me know if I can be of any assistance or if you have a recent  English translation of a current deal.
Regards.
Sara
Subject: Australian matters

David:  I will try to call you before I leave work today to follow up with  any questions you may have with respect to the following items:  (1)  I am having the Representative Agreement executed by ENA and will return  an original to your attention.
Shari suggested that Susan Musch initial the  agreement and Susan is out until May 22.
(2)  The ENA/Aquila weather deal has not been finalized ONLY because I have  been waiting to actually view the Floating Price source materials which our  traders have never been able to produce or cite a reference to (so that I  could view).
There is no problem with the deal.
(3)  As a policy matter for Enron Australia Finance Pty.
Limited, do you  always agree to the non-exclusive jurisdiction of the courts of New South  Wales as opposed to arbitration?
I am negotiating the ENA/ABN AMRO  (Australian branch) futures agreement and am trying to determine appropriate  jurisdiction.
(4)  ENA is attempting to draft an ISDA Master Agreement with a company  incorporated in New Guinea (which may have a US office).
I don't know a darn  thing about New Guinea law.
Do you happen to know if we've ever dealt in New  Guinea, any lawyers located in New Guinea, what law is used (I guess New  Guinea!)
or whether it's similar to other PacRim countries?
I'll speak with you later.
Regards.
Sara
Subject: Vitol weather confirms

Jarrod:  Attached is a "form" letter for you to send (with adjustments as  indicated) or let me know and I will sign and send with the Vitol confirms.
Separately, I have faxed to you the first page changes.
Call if you have  questions.
Please be sure that we have included the additional reps.  Sara
Subject: Pacificorp Power Marketing ("PPM")

All:  I received a request from PPM to send our form of ISDA to document  trading.
We previously sent a draft to these guys on 1/13/99.
The only  difference is that they now want to trade and the Scottish Power acquisition  is done.
The contact is:  Gary Ordway 830 N.E.
Holladay Suite 200 Portland, Oregon  97232
Subject: Party for Marie

Marie is fine with either Friday June 2 or 9.
So let's pick June 2 unless  someone has a conflict.
For quick planning (invitations, caterer, limo,  etc.
), who wants to help?
Sara
Subject: ISDA Master Agreement and Credit Support Annex

Rick:  With a little luck, I can attach the first page of each of the  foregoing documents and the signature block for the ISDA Master Agreement (at  the bottom of the first page of the ISDA Master Agreement).
The full set of  signature documents comprises four pieces: (1)  [BOILERPLATE] ISDA Master Agreement (Multicurrency - Cross Border) (2)  Schedule to the Master Agreement [previously emailed to you] (3)  [BOILERPLATE] ISDA Credit Support Annex  [NOTE:  the document contains  12 paragraphs] (4)  Paragraph 13 to the ISDA Credit Support Annex [previously emailed to you]  When we are ready to execute documents, we generally send out a complete  package with all four parts.
The two emails which you previously received  probably have the word "DRAFT" plastered all over them and we would normally  remove this wording.
Please call me in the morning so that we can be sure to  dot the "i's"  and cross the "t's".
Thanks.
Sara
Subject: Global Master Repurchase Agreement

Monica:  Since our recent conversation, I thought that you were going to send  me the entire format for the European format for the repos.
Also, have you  had an opportunity to review the existing repo between Chase and Enron North  America Corp. (formerly Enron Capital & Trade Resources Corp.) dated as of  January 29, 1998?
I look forward to hearing from you.
Sara
Subject: Derivatives trading in India

Mark:  I've been asked whether ENA can enter into derivatives with an Indian  company.
Do you have research regarding legality/enforceability since the  1997 global review which ENA conducted through Allen & Overy?
Thanks.
Sara
Subject: Foreign legal counsel

Rob:  Have you ever directly engaged counsel in New Guinea?
I have searched  our jurisdictional database but to no avail.
I only find Australian firms  with New Guinea associations.
Thanks.
Sara
Subject: Transaction Status

Rick:  Both Greg and John are traveling.
I did receive a voice mail from  John advising that the deal has been delayed.
I don't have details.
John  will try to call you.
Thanks.
Sara
Subject: Brazil

Hope you had a great vacation!
Please let me know when you have some time so  that we can talk about Brazil.
I'm trying to update the info that Yao left  me and I am now being called by Gary Hickerson's group for a progress  report.
Sara
Subject: Various "Morgan Stanley" master agreements

As a result of Jeff Nogid's request, here is a recap of the Morgan Stanley  situation:  (1)  Morgan Stanley Capital Group Inc.
This is the entity for commodity trading.
(i)  ECT has a Master Energy Price Swap Agreement dated 6/16/92  (ii)  ECTRIC has an ISDA dated 3/2/99, but eff.
8/27/97  (2)  Morgan Stanley Capital Services Inc.  Jeff Nogid requesting new master for fixed income transactions  (3)  Morgan Stanley International Limited  This is the entity for equity trading.
Will Nogid or Kinneman ever need  this one?
Each of these companies has a different lawyer to negotiate the agreement.
Each Morgan Stanley entity might require a separate guaranty.
Anne Clark in  legal (Cap Services) will let me know.
I will put (2) in place.
Do you want to pursue upgrading (1)(i) or  addressing (3)?
Please let me know.
Thanks.
Sara
Subject: Credit Agricole Indosuez

Rod:  I will contact Frederick Broda (VP, Derivatives and Fixed Income) in NY  about this master.
Jeff Nogid requested this master as well.
Thanks.
Sara
Subject: Statoil Marketing & Trading (US) Inc.

Michael and Deepak:  Attached are the execution copies of the documents  signed with ENA.
If I have missed anything, please contact Susan Flynn (as  Marie Heard is now with EBS).
Thanks.
Sara
Subject: Swaps in Brazil

Hello there!
I know that you are out of the country.
Thanks for forwarding  the message from Andre Cangucu.
I have been through your materials but do  not find any involvement you may have had with specific swaps; the items I  found were generic and were in the form of law firm memoranda (e.g.,  "Derivatives and FX Transactions in Brazil", "Trading with Brazilian  Counterparties", etc.).
Am I missing something?
Look forward to seeing you  soon.
Sara
Subject: Credit Derivatives

Rod:  attached is a recap of current credit derivatives trading in Jeff K.'s  group.
I don't know about activity during Shari's oversight but I hear it  was minimal.
How does this compare with Enron Credit.com?
Also, do we want  agreements with other trading counterparties (e.g., DLJ Capital Funding,  Inc.)?
Are Jeff and Paul calling credit before trading?
Please call to chat  when you have a chance.
Thanks.
Sara
Subject: DLJ International Capital

Shari:  I see that you added this to the legal/credit list.
Can you tell me  why?
What type of deal do we do?
Did ECTI ever transact with DLJ Capital  Funding, Inc. (for distressed loans)?
Are you familiar with the Loan  Syndications and Trading Association, Inc. "standard terms and conditions"?
Did you ever document a loan derivative?
Thanks.
Sara
Subject: Contract Legal Services for Bridgeline Gas Marketing LLC ("BL")

Mark:  Barbara Gray and Shonnie Daniel worked on a Q1 deal between Enron and  Texaco to create a JV called BL.
I believe that the ownership is 60/40,  respectively.
BL has its own employees drawn from both companies and  elsewhere but is still requiring additional services.
The swap group has  already opened two futures accounts for BL and drafted resolutions,  authorized trader lists, etc.
Before the closing, there was an  "understanding" that Enron would assist BL for a short time (until June,  2000).
However, credit (through Bill Bradford) negotiated a 3-year services  agreement for credit services to BL (I believe based upon 1 full-time person  run through an entire budget).
Randy Curry (BL's president) has requested  that legal (swaps group) consider a short-term services arrangement (I am  told by credit this would be for approx.
6-9 months; BL looking for approx.
20 ISDA's).
By the way, ENA is trying to negotiate an ISDA with BL but we  have no one to negotiate with!
BL has not yet hired an in-house lawyer.
Are you interested in pursuing this request?
Sara
Subject: ECT Investments confirm specialist (debt trading)

Carol:  Laurel Adams was wondering whether any of the paralegal candidates  who we interviewed might have a good background for "back office" duties.
I  have no idea whether salaries are comparable but she needs someone who can  spot issues and learn the confirm process at the same time (if no experience  in the confirmation area).
What do you think?
Sara
Subject: Bank One, NA

Kelly:  ENA is opening a margin line with Bank One to facilitate NYMEX  trading through the Bank One broker.
Has Enron Corp. ever signed a standard  Master Note with Bank One?
I'd like to see what's been previously  negotiated.
Thanks.
Sara
Subject: I have requested removal of your name from PATS distribution, and

I have two questions:  (1)  If the ECC financial trading business is to be confirmed in Canada,  won't Greg Johnston need a "short course" on ISDA/omnibus, etc.?
I was  thinking of practical issues as well as Tana's more formalized training.
(2)  Have you spoken with Mary Solomson about Anthony?
I'm not sure if Tana  has organized her lunch with global contracts, but it sounded as though  Anthony was part of the problem and that Mary should be at the lunch.
Subject: Guarantee; ISDA documentation

Maryann:  I left you a voice mail the other day regarding two typos in the  agreement and never received corrected pages.
The Guarantee has been  executed.
However, the agreement is awaiting the initials of Rod Nelson  (credit) who is on vacation until Wednesday.
Will you send corrected pages  for insertion in the document?
Subject: Give Up Agreement

Jason:  Please review (I have others for you to see).
Also, Paul and I spoke  with Cadwalader this morning.
Please continue to check the international  exchanges online to see if you can locate clearinhouse rules for each  exchange.
Perhaps you can also find information on the regulatory scheme for  the jurisdictions.
I suspect we will have to hire outside counsel in each  country to answer our concerns.
Let's talk.
SS
Subject: global futures exchanges

Mark and Paul:  Have either of you ever reviewed clearinghouse rules with  respect to clearing members for the exhanges on which we trade (in an effort  to analyze our risk with respect to our brokers)?
If the answer is yes,  could I have copies of any memoranda?
Please let me hear from you or  whomever may have reviewed this issue.
Thank you.
Sara
Subject: Enron Investments PLC

Susan:  We need to set up this account for funding on or before 5/30.
Please  call our rep at Morgan and let's get the paperwork signed.
Sara
Subject: Frost Securities Inc. account with ECT Investments, Inc.

Sheila:  I received a requst from you.
Please advise if:    (1)  You sent explanation to Ted Murphy stating purpose for account.
(2)  Agreement reflect DB Alex Brown LLC to clear trades with prime broker of  our choice (3)  Why is this a Deutsche Bank agreement?
Who is "Frost Securities, Inc."?
(4)  Do we contact "Janet" at 214/515-4495 with markup?
Subject: Corrected pages to ISDA Schedule and Annex

Tana:  Please review these pages for corrections and insert into original.
Rod should return tomorrow and we can execute and FedEx to PG&E.
Thanks.
Sara
Subject: Derivatives Week

I remembered!
Do we have access to the website(s) of the publications which  we receive in order to do searches?
We must have a password.
Thanks.
Sara