Here is an email: 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
What is a potential subject line for this email?
A: ENA v. Triad/Sherwood Purnell
Here is an email: Jeff: The whole team and I very much enjoyed our meeting with you last Friday. We were looking forward to having the opportunity to tell you all about the progress of our business. We felt that the give and take and the dialogue during the course of the meeting was excellent, and we hope that in the future we will be able to have useful dialogues like this at appropriately periodic intervals. To memorialize the follow-up steps from this, we thought it would be useful to write this down so we may remain responsive to your questions regarding our progress. 1. We want to confirm the reasonableness of our net churn numbers; we plan to develop a fact base of churn experience over the course of the next few months and analyze these compared to the original business case model. We would be prepared to review this churn with you in about three months. 2. To analyze the rationale of our hedging of long term contracts against the "disaster" of falling prices; this is to be done against the assumption that our customers will leave us on the basis of strict economic rationality. We believe that providing this type of analysis would be very useful for us as we enter the year 2002 where power and gas prices will be substantially different next year than they are now. We would be prepared to review the results of this analysis with you in the fall. 3. Decompose our net cash burn to indicate the "levers" to reduce that cash burn against unforeseen problems/disasters. We would plan to do this as part of our normal budgeting process for 2002. We would plan to review this with our Board in our fall meeting. We believe that it is the right course of activity to review this with the Board and then follow up with you if there are any questions going forward. We also believe that there could be an opportunity to review the cash burn significantly given the fact that a large part of our cash burn is spent on systems development for entry into specific markets. Jeff, as I said in the beginning, we very enjoyed meeting with you and we hope that we were able to prove to you that we have made substantial progress. I would like to feel that I will have the opportunity to get in touch with you at key juncture intervals during the development of our company. Thanks again for your time.
What is a potential subject line for this email?
A: June 1 Deep Dive/Houston
Here is an email: Attached is a revised version of the Act of Sale and a redline of same compared to that which we sent to you earlier today. Also attached is a revised Guaranty both clean and redlined and a form of Nonforeign Status. The Act of Sale contains changes to the restriction language. Draft resolutions to follow tomorrow. <<GUARANTY.DOC>> <<GUARANTY BL.DOC>> <<Act of Sale - Clean Draft 2- Reliant.DOC>> <<ACT OF SALE - CLEAN DRAFT BL BASE 2.DOC>> <<Certificate of Nonforeign Status.doc>> - GUARANTY.DOC - GUARANTY BL.DOC - Act of Sale - Clean Draft 2- Reliant.DOC - ACT OF SALE - CLEAN DRAFT BL BASE 2.DOC - Certificate of Nonforeign Status.doc
What is a potential subject line for this email?
A:
Land Sale