Andy, This will update you on this matter. You may recall that it is a collection matter for about $1,800,000 for breach of spot gas purchase contracts by Triad. We tried to arbitrate, but Triad wouldn't answer the arbitration (even though I got calls from Purnell afterward, who asked if there was some way we could settle the arbitration). We then filed suit in the 125th Judicial District Court of Harris County, Texas, against both Triad and Purnell, to see if that would smoke them out. As you know, after filing our original petition, we found an inadvertant technical error in it that required correction, and at no charge to you refiled a first amended petition that corrected the error. Since then, we served the first amended petition and citations on the Secretary of State of the State of Texas, as is allowed by law under such circumstances. The Secretary of State then forwarded the first amended petition and citations to the addresses we gave them, by certified mail, r.r.r. At this time, which is long after the expiration of the answer date, no certified mail receipt has reportedly been received by the Secretary of State from Purnell or Triad. No answer or other pleading has been filed by Triad or Purnell. This is not unexpected, given that Triad dodged us during the attempted arbitration. The caselaw supports the position that we have made effective service on both Triad and Purnell, although there is some room to argue that the Secretary of State has to receive a green card back, even if it is marked "refused". If we wanted to try to nail this point down by going to the additional expense of personal service on Triad and Purnell, we could, but if Purnell is not going to respond to registered mail, he will likely attempt to dodge personal service as well. I am not recommending it. We will shortly receive from the Secretary of State the so-called "Whitney Certificate" and file-stamped copies of the citations, which we will file with the court, along with a motion for entry of default judgment. I will make sure you see a draft before it is filed. We will need to set a hearing on our motion, and produce evidence of our damages. I would not expect the hearing to take more than an hour. We previously filed an affidavit signed by Bryce, as well as a matrix for computing our prejudgment interest (given that there were many spot gas sales, and prejudgement interest as to each would start at different times) prepared by Shielah Castro. I will follow up with them to see if they would be willing and available to come with me to testify at the hearing, and will of course fully prepare them beforehand. Also, I will need to testify regarding our attorneys' fees in this matter. Parenthetically, given the length of time this matter has been on file, it has been routinely set on the dismissal for want of prosecution docket. As you know, it is merely a formality and I will file the appropriate motion to get this taken care of. I will send you a draft of that if you wish. A hearing is set on this docket for October 23, at which time I presently have a conflict, and Bonnie has kindly agreed to attend in my place if necessary. No one else need be at that hearing. Please let me know if there is anyone else who needs to be in the loop on this. I will keep you advised. Britt
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answer: ENA v. Triad/Sherwood Purnell
Good Morning, Here are this week's stats: AGA Last Year +108 5 yr AVG +84 Lifetime High +108 2001 Lifetime Low +72 1998 Gas in STGE EIA 2096 5yr AVG 1657 +/- to 2001 +487 +/- to 5yr AVG +439 Please have your estimates in by 2:00 (1:00 CST) Wednesday. Thank you. (Embedded image moved to file: pic09747.pcx) This message and any attachments (the "message") is intended solely for the addressees and is confidential. If you receive this message in error, please delete it and immediately notify the sender. Any use not in accord with its purpose, any dissemination or disclosure, either whole or partial, is prohibited except formal approval. The internet can not guarantee the integrity of this message. BNP PARIBAS (and its subsidiaries) shall (will) not therefore be liable for the message if modified.
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answer: BNP PARIBAS Commodity Futures Weekly EIA Survey
As you know, Enron=01,s United Way Executive Solicitation is well under way= . =20 August 9th is the target date to achieve 100% participation and finalize th= e=20 commitment from our executives and is also the date for the kick-off of the= =20 company wide drive. We have a way to go to meet this objective. Enron=01,= s=20 United Way goal for the year is $2.3 million (before the corporate match).= =20 ENW=01,s share of this goal is $161,700. While these are aggressive goals,= they=20 are very doable, and if everyone contributes their fair share, we can easil= y=20 surpass these goals.=20 Along with focusing on meeting our financial goals, I=01,d like to have 100= %=20 participation throughout the organization. This is especially important=20 among our executives. We define "participation" as an employee who has=20 completed their pledge on-line and made a contribution, no matter what the= =20 level. =20 With the campaign going on-line with electronic pledging, I=01,ll need the= =20 support of you and your campaigners to increase participation levels across= =20 the ENW organization and reach our financial goals. Whatever your decision= =20 regarding the level of your pledge, we need 100% participation from our=20 Executives in order to set a good example for the rest of ENW. Your=20 contribution to the United Way will continue to make a difference in our=20 community. When you give, you change a life right here in our community. Please join me in setting the standard for ENW by giving generously and=20 getting your pledges in by August 9th. Log-in to system on Netscape or Explorer -- unitedway.enron.com
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answer: United Way Executive Solicitation
Hi Kent, I was wondering if we could schedule a conference call to discuss the form of these agreements. Are you available any time soon? Thanks,
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answer:
Facility Agreement