Alicia The only comment that I have to the swap schedules is that I think we need to have an exception built into the arbitration language that permits us to go to court to enforce the remedies that we describe in the confidentiality section. This probably hold true for all of the docs where we have arbitration and a ca provision. Alos, there may be some defined terms that are now used in the new confidentiality language that haven't been defined (i.e, Enron, Enron Put Agreement etc) Finally, should we upper case "affiliates" in the confidentiality language and either use the ISDA def or some other def? Carol
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answer: Comments
Please note a correction regarding the Alternative Dispute Resolution November 28th meeting listed in the November Bar Bulletin Calendar. The correct program and speaker information for the November 28th meeting is: Arnold T. Shienvold, Ph.D., BCFE, Attorney, Mediator and Trainer, will present "Mediation With High Conflict Parties." ADR Section
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answer: ADR Nov. 28th Bulletin Calendar Correction
Phil: Happy New Year! And back to old business. ENA is holding the amendment pending receipt from you of the attached Exhibit A (describing the collateral). I had previously left you a message but I'm sure it was lost in the year-end madness. Please forward the attachment so that we have a complete document. Thanks. Sara
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answer: Amendment of Chase/ERMS ISDA dated April 5, 1994
We have received the executed First Amendment to ISDA Master Agreement dated as of April 10, 2000. This amendment revises the ISDA Master Agreement with the referenced counterparty to bring the agreement up to current form standards with changes including, but not limited to: 1. Adding the Canadian Securities Acts representation; 2. Making certain changes to elections with respect to Payments on Early Termination and amending the Setoff language; 2. Makes changes to certain credit provisions, including letter of credit provisions, the form of letter of credit, the Independent Amount,, and amends the definition of "Material Adverse Change" . Copies will be distributed.
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National Bank of Canada