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Ed and Mark, As we discussed, I spoke to Jeff Hodge and Travis McCullough about the best way to document this deal. We all agreed that it is better to document the deal as a deferred payment on the sale of natural gas rather than as a loan. Documenting the deal as a loan does not add any protection for Enron and in fact, may be detrimental because of the various laws concerning loans and lenders. The protections and remedies afforded by the Master track those that Enron would have under a loan document. Enron would be in no better position to collect from NUI in the event of bankruptcy under a loan document than under the Master Firm Purchase/Sale Agreement. Additionally, I assume that NUI, being a regulated utility, will not want to or be able to document this deal as a loan. Please let me know if you need additional information on this topic. Stacy

What is the subject of this email?
NUI Deal Documentation