Here is an email: Mark, In response to your voicemail this morning, this is EGAS 4th Qtr per the 2nd CE. It has been adjusted to pull out the items that have been transferred out of EGAS since the 2nd CE ( Azurix International and South America Merchant ) and the transfer in of European Assets and the Middle East. This does NOT include EPower which I understand will be transferred from Europe to EGAS in the 4th Qtr. We are currently working on our 3rd CE and will send you those numbers when we are done. Sommers
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A: EGAS 4th Qtr
Here is an email: As a point in clarification, in Section 2(a) of the Master Netting Agreement the parenthetical "(including automatic termination, if applicable)" should be deleted. Here are the new forms with the deletion made in them. Since the form is amending the underlyings to not include automatic termination, the parenthetical should no longer be included. Further, see the attached once again revised process (hopefully this will be the last revision for a time!). Changes are in bold and deal with the gas receivables financing and credit sign-off. To the extent a counterparty will agree to a 25th of the month effective date, do so, as it fits our physical gas billing cycle and makes it easier to pull out the receivable from the gas receivable financing.
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A: Revision to Master Netting Forms
Here is an email: Doug, As we discussed, Larry Pardue has requested that I get you to sign an officer's certificate regarding the execution and delivery of the Fuel Supply Agreements. The document that he forwarded to me does not define the agreements that he wants you to certify as to. They are vaguely referred to as Transaction Agreements which have been delivered. As far as I know, he may be wanting a certification as to the Consent documents. If they get back to me, I will request that they modify the document to reflect the Fuel Supply Agreements only and that you are not aware of any reason why they would not be valid under New York law, that you are not aware of any lawsuit threatened against EPOS as a result of it entering into these Fuel Supply Agreements and that so far as you know, EPOS is not an investment company as such term is defined. I will let you know what Larry is able to modify.
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A:
Officer's Certificate for EPOS