Message-ID: <11188179.1075861916327.JavaMail.evans@thyme> Date: Mon, 5 Nov 2001 14:04:59 -0800 (PST) From: marie.heard@enron.com To: lech.kalembka@cwt.com Subject: RE: AEP Master Netting Agr Cc: elizabeth.sager@enron.com, david.portz@enron.com, mary.cook@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: elizabeth.sager@enron.com, david.portz@enron.com, mary.cook@enron.com X-From: Heard, Marie X-To: 'Lech.Kalembka@cwt.com' X-cc: Sager, Elizabeth , Portz, David , Cook, Mary X-bcc: X-Folder: \MHEARD (Non-Privileged)\Heard, Marie\Sent Items X-Origin: Heard-M X-FileName: MHEARD (Non-Privileged).pst Lech: I just spoke with Elizabeth Sager and she said there was no need to order lien searches for AEP as the contract expires in March, 2002. Marie Marie Heard Senior Legal Specialist Enron North America Corp. Phone: (713) 853-3907 Fax: (713) 646-3490 marie.heard@enron.com -----Original Message----- From: "Lech Kalembka" @ENRON Sent: Monday, November 05, 2001 3:28 PM To: Portz, David Cc: Heard, Marie Subject: RE: AEP Master Netting Agr I did receive the document. Should I contact anyone, or am I awaiting a call to discuss/negotiate? Thanks. Lech Kalembka Cadwalader, Wickersham & Taft 100 Maiden Lane New York, NY 10038 Tel.: (212) 504-6918 Fax: (212) 504-6666 E-mail: lech.kalembka@cwt.com David.Portz@e nron.com To: Lech.Kalembka@cwt.com Office: cc: Marie.Heard@enron.com Subject: RE: AEP Master 11/05/2001 Netting Agr 04:17 PM Lech -- Please let me know if you did not receive the attachment via my subsequent e-mail. I understand the UCC searches and filings to be needed in relation to the attachment's Section 6(b). Upon completion of negotiations, I will send you an electronic copy of the finalized Netting and Setoff Agreement to faciliate Cadwalader's preparation of the financing statement filings. --David Portz -----Original Message----- From: "Lech Kalembka" @ENRON Sent: Monday, November 05, 2001 2:54 PM To: Portz, David Subject: Re: AEP Master Netting Agr I did not find an attachment. Also, I assume that we will prepare UCC filings and order UCC searches. Thank you. Lech Kalembka Cadwalader, Wickersham & Taft 100 Maiden Lane New York, NY 10038 Tel.: (212) 504-6918 Fax: (212) 504-6666 E-mail: lech.kalembka@cwt.com "Portz, David" To: , Office: "Heard, Marie" , "Cook, 11/05/2001 Mary" , 03:32 PM "Williams, Jason R (Credit)" Subject: AEP Master Netting Agr Lech - A high priority Master Netting and Setoff Agreement (see attached) is in the late stages of negotiation with the below-referenced AEP affiliates. The agreement is currently intended to be limited to masters/ transactions between ENA &/or EPMI and two major AEP trading affiliates, American Electric Power Service Corporation as Agent for the AEP Operating Companies ("AEP") and AEP Energy Services, Inc. ("AEPESI"). The Netting Agreement explicitly identifies enabling agreements between those entities relating to trading physical gas, physical power, and financial swaps. Earlier today the Enron Credit group indicated that ENA trades (using GTCs) physical coal and physical synfuel with American Electric Power Service Corporation. Please contact me with any questions. -- David David A. 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