QUESTION: I understand that AA may not provide the review of interim financial information that the SEC requires to be obtained in respect of Form 10-Q filings ( Article 10 of Regulation SX). Jordan asked me to give an update in an hour about the impact of this on covenants in ENE credit and other instruments requiring delivery of ENE's 10Qs. (1) I have not yet been able to ascertain whether (i) the AA review or any statement in respect thereof is required to be filed with the SEC, or (ii) if not so required, ENE would file the 10-Q without having obtained the review. (2) ENE's 364-day corporate revolver (and most other ENE instruments containing the subject covenant) requires ENE to make available either on "EDGAR" or ENE's home page on World Wide Web, or otherwise make available to the Banks promptly after the filing or sending thereof, and in any event within 75 days after the end of each of the first three fiscal quarters, a copy of ENE's report on Form 10-Q. If ENE does not file the 10-Q, it arguably could nevertheless send it to the banks as confidential information (to comply with Regulation FD) within the required time period and satisfy the covenant. The revolver contains a confidentiality provision. Failure to deliver the 10-Q constitutes an Event of Default under the revolver if the failure continues for more than 30 days after ENE has received notice thereof by the Paying Agent. I will continue to pursue information from the accountants. Regards, NJD
Propose a subject line for this email?
ANS: ENE Form 10-Q Accounting Matter -- Initial Report

QUESTION: HOROSCOPE: Weekly - His For September 25-October 1: Instead of wishing things were different, or woefully mourning the past, build a new beginning. It's pointless to bemoan recent changes or languish over disappointments. You cannot change the past. You cannot change people's minds, either. Face your situation and create something wonderful. The longer you fuss about what 'should have been', the more likely it is that important opportunities will drift by unnoticed. Cancer, it is time for change. Release frustrations and troubling memories. Move on, Crab. . . move on. Mine for today Quickly get past a troubling misunderstanding Once you've released toxic feelings, the atmosphere visibly improves, much to your pleasure. You're able to replace fear and resentment with compassion and understanding. Once you know the score, you no longer feel threatened or disrespected. Keep revenge out of this entire episode. 'Teaching someone a lesson' is not appropriate.
Propose a subject line for this email?
ANS: On target as usual

QUESTION: Jim/Sheila: At Paula Rieker's request, I have prepared the attached document, which discusses the need to retain three supervisors in the Corporate Services group of the Corporate Secretary's department. I believe it to be self explanatory, but should you have additional questions, please let me know. HARDIE CONFIDENTIALITY NOTICE The information contained in this email may be confidential and/or privileged. This email is intended to be reviewed by the individual or organization named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, or copying of this email or its attachments, if any, or the information contained herein is prohibited. If you have received this email in error, please immediately notify the sender by return email and delete this email from your system. Thank you.
Propose a subject line for this email?
ANS:
Employee Retention Justification