I regret to announce that Paul Kane tendered his resignation from Enron this afternoon effective close of business tomorrow, Friday November 30th. We are sorry to see him go. Please join me in wishing him well in his future endeavors. Dave
Answer: Paul Kane Resigns
Attached is the latest draft of the PSA for Project 20/20 There are several schedules attached under which any exceptions to the representations and warranties of Seller (ENA) need to be disclosed. The following are the relevant sections (and its associated schedule) in the PSA and those persons who area of responsibility these sections fall under. Please review the relevant sections and provide any information which is relevant for that section and its associated schedule. If you have any questions please call me at (713) 853-3512. This transaction is still highly confidential and should not be discussed with any third parties. Section 3.1(b) - Noncontravention - Gerald Nemec, Rob Taylor Section 3.1(c) - Consent and Approvals - Rob Taylor Section 3.1(d) - Title to Membership Interest - Rob Taylor Section 3.1(g) - Capital Structure - Jim Coffey Section 3.1(i) - Financial Statements - Jim Coffey Section 3.1(k) - Absence of Certain Changes or Events - Jim Coffey (accounting related), Gerald Nemec (disputes), All others review also. Section 3.1(l) - Contracts and Agreements - Gerald Nemec Section 3.1(m) - Compliance with Laws; Permits - Ken Choyce, Ann Elizabeth, as they relate to EMS Section 3.1(n) - Title - Ann Elizabeth White, as it relates to EMS Section 3.1(o) - Condition of Property - Ken Choyce Section 3.1(p) - Litigation - Gerald Nemec Section 3.1(q) - No restrictions - Rob Taylor Section 3.1(r) - Taxes - Rhett Jackson Section 3.1(t) - Related Transactions - Gerald Nemec, Rob Taylor, Rhett Jackson Section 3.1(v) - Environmental Compliance - Ken Choyce, Ann Elizabeth Everyone please review all the reps, and warranties and let me know of any issues, but the above listed persons are primary points for these issues. If anyone listed above feels that someone other than themselves is more appropriate for providing this information, please let me know as soon as possible. Timing is critical on pulling together this information, so please provide this information by no later than Friday of this week. The PSA will be executed next week. Please let me know also if there are no issues.
Answer: Project 20/20 PSA Schedules
I am hosting drinks at my home and dinner at Champions Golf Club on Saturday, May 5 for my operations team and their spouses. Greg and I talked about this today. He asked me to e-mail you so that you could put this on his calendar and said that you would e-mail his wife to check the date as well. If he and his wife are available, I will let you know details as it gets closer. Thanks for your help. --Sally
Answer: For Greg's Calendar - Dinner with Operations Team
Susan: This may look confusing! It contains all of our "choices" for preparing the documents. See Part 2 (Tax Reps) and the end of the document which has our "choices" of tax forms. I thought it might be helpful to be very basic about withholding issues, etc., why we need the tax reps, and what questions we could ask upfront about a party that would help us select an appropriate tax module. We tend to not "think" and expect a party "fill in the blank" when we are preparing draft documents.
Answer:
Copy of ISDA Schedule (internal "form")