Hi Carolyn, In addition to my comments regarding the definitions, here are some other thoughts: Letter agreement: I would bracket [Spawn], since we don't have it formed yet and we probably haven't checked on availability. 2. Closing date should be at least five but no more than 10 business days. 2 (a) Facility Agreement is probably the more appropriate concept than Turbine Contract. Not a big issue if anyone disagrees with this terminology. 3. Make the guaranty for this agreement and the LLC agreement. 5 (d) change 1st "shall" to "'may". 7 (b) does this make sense? Should we also have the right to specific performance? 9. (iii) consents won't necessarily be obtained at the time of the signing of the letter agreement. Should say by closing such will have been obtained. I haven't done a reg evaluation, so I would delete the reg rep unless you are comfortable. I want the HSR risk to be with them, so I don't want to contradict it with the rep. I'll review the LLC agreement next. Kay
Q: What is a potential subject line for this email?
answer: Panda letter agreement
Text: Please plan to attend and reception and dinner for Analysts and Associates who have made significant contributions to ENA. The function will be hosted by the Office of the Chairman at Morton's Steak House located at 5000 Westheimer on August 17, 2000. The reception will start at 7:00pm with dinner to follow at 7:45pm. Please RSVP to Ted Bland at ext. 3-5275 no later than close of business Monday, August 14. This will be an informal gathering to discuss the progress of ENA and an open forum to interact with members of the senior management team on a one on one basis. See you on the 17th. Mark, Dave and John
Q: What is a potential subject line for this email?
answer: Analyst and Associate dinner, August 17, 2000 at Morton's
Jim: I was hoping that we could speak sometime today as I will be out of the office Dec. 7 and 8. I would like to discuss your comments the Schedule and receive your blackline to the Credit Support Annex. I am available all day except between the hours of 10 am - 2 pm (Houston time). I look forward to hearing from you. Regards. Sara
Q: What is a potential subject line for this email?
answer: EWEB ISDA Master Agreement/Confirmation
ED: (1) The Alcoa lawyer wants to adopt the terms of the ENA/Alcoa Inc. master for purposes of the December deal. (2) EWEB has requested the following provision: DEFAULT RATE shall mean the lesser of (a) the per annum rate of interest equal to the prime lending rate as may from time to time be published in "the Wall Street Journal" under "Money Rates" on such day (or if not published on such day the most recent preceding day on which published), plus two percent (2%) but not to exceed in total fourteen percent (14%) annually, and (b) the maximum rate permitted by applicable law. Please let me hear from you. Sara
Q: What is a potential subject line for this email?
answer:
Alcoa and EWEB