This is the content of an email: Enclosed are revised documents. Below is a summary of changes made. Copies enclosed are clean copies. Please carefully review all documents so that we can next move to final execution copies. Thanks for everybody's help. Revised Physical Confirm Changes Made: 1) SET-OFF Paragraph (B) - First sentence deleted and the phrase "of the Master Agreement" added after the reference to Section 4.2 2) Definition of Business Day - changed commas to parenthesis 3) Definition of Year added 4) Exhibit "D" numbers added and the name of the Exhibit was changed to Option Premium 5) The phrase "as amended" added in the first paragraph with respect to the definition of the Master Agreement 6) Definition of Summer Season amended to delete NERC definition because NERC is already defined 7) Exhibit "C" - (a) First sentence modified to reflect the fact that the Daily Energy Charge calculation will vary depending upon whether a given Month is in the Summer Season or the Non-Summer Season and (b) the phrase "where," or "and where," was added three times immediately prior to each set of definitions. Revised Financial Confirm 1) Added the words "shall be" in last paragraph of Section "Energy Quantity". 2) Deleted proviso in Section "Cash Settlement Amount for each Energy Index Point." 3) Added phrase in (b) of Section "Billing and Payment" to show that payments could go to Seller from Buyer and in (c) to add words "as amended". 4) Added Exhibit III/Option Premium. Schedule to ISDA Changes Made: 1. Added ENA as specified entity ML (Part 1 a). 2. Fixed names in Part 1 (k) from ML and Enron to Credit Support Provider. 3. Add notice for ML (Part 4/a). 4. Reference amendment to Guaranty (Part 4 (f)).
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Merrill Lynch Capital