Message-ID: <19659565.1075842229832.JavaMail.evans@thyme> Date: Tue, 2 Jan 2001 03:31:00 -0800 (PST) From: cwpfister@cps-satx.com To: dan.j.hyvl@enron.com Subject: FW: FW: FW: Enfolio Contract with CPS Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: "Pfister, Christian W." X-To: "'Dan.J.Hyvl@enron.com'" X-cc: X-bcc: X-Folder: \Dan_Hyvl_Dec2000_June2001\Notes Folders\All documents X-Origin: HYVL-D X-FileName: dhyvl.nsf Mr. Hyvl, Happy New Year! Hope you enjoyed the holidays. Did you have a chance to see if we could raise the threshold of $10 million for a Letter of Credit? (see message below) -----Original Message----- From: Pfister, Christian W. Sent: Monday, December 18, 2000 1:58 PM To: 'Dan.J.Hyvl@enron.com' Subject: RE: FW: FW: Enfolio Contract with CPS I agree. The Accounting Dept. informed me that there are two days that sometimes land on the 25th that CPS considers a holiday. One is the day after Thanksgiving and the other is during Fiesta for the Battle of Flowers Parade. I requested that they just pay a day early if the 25th lands on one of these CPS holidays. I have one more request, however. In 4.5. Collateral Requirement/Termination Payment Threshold, could you raise the threshold of $10 million for a Letter of Credit to $15 or $20 million (whatever you feel comforable with)? -----Original Message----- From: Dan.J.Hyvl@enron.com [mailto:Dan.J.Hyvl@enron.com] Sent: Friday, December 15, 2000 5:57 PM To: CWPfister@cps-satx.com Cc: Janet.H.Wallis@enron.com Subject: Re: FW: FW: Enfolio Contract with CPS Christian, I believe this is covered because the language states that if the 25th is not a Business Day, the payment will be due the next Business Day. Business Day is a defined term as a day when the Federal Reserve Banks is New York are open for business. I cannot agree to a Customer's Business Day because it is not a defined term and may differ from the standard definition of Business Day. Therefore that change should not be incorporated. Do you agree? "Pfister, Christian W." To: "'Dan.J.Hyvl@enron.com'" -satx.com> cc: Subject: FW: FW: Enfolio Contract with CPS 12/15/2000 05:48 PM Mr. Hyvl, There was one change that you did not make that I requested. It was difficult to tell since only a single word was bolded. APPENDIX "1" FINANCIAL MATTERS BILLING, INVOICE DATE, CHARGES AND PAYMENT "Buyer shall remit any amounts due on the 25th day of the Month in which Seller's statement was received. If the due date for any payment to be made under this Agreement is not a Customer's Business Day, the due date for such payment shall be the following Customer's Business Day." There are very few instances where our Business Day would be different from your business day. However, as an example, the day after Thanksgiving is a CPS holiday. This year, we had a gas payment due on that date which we sent on the following Monday. This is probably the only holiday CPS has that your company may not have. -----Original Message----- From: Dan.J.Hyvl@enron.com [mailto:Dan.J.Hyvl@enron.com] Sent: Friday, December 15, 2000 4:57 PM To: CWPfister@cps-satx.com Subject: RE: FW: Enfolio Contract with CPS Christian, Attached is the modified contract with the changes you requested. Please print off 2 originals and have them signed. Please fill in the purchase order number information on the invoices section of Exhibit A. If the number is not available, them please delete the information requiring the number from the billing and payment provision. Forward the signed copies to me or Janet Wallis and we will proceed with execution by ENA. (See attached file: CITYPublicServiceSanAntonio.doc) "Pfister, Christian W." To: "'Dan.J.Hyvl@enron.com'" -satx.com> cc: Subject: RE: FW: Enfolio Contract with CPS 12/15/2000 04:16 PM Unfortunately, we don't have a purchase order issued yet so I can't give you a number. I know that would make it easier for you guys, but I don't think we can issue one until right before the first gas purchase. First, a purchase requisition needs to be issued. Then, a purchase order will be released following approvals by the various individuals authorized to sign off on them. -----Original Message----- From: Dan.J.Hyvl@enron.com [mailto:Dan.J.Hyvl@enron.com] Sent: Friday, December 15, 2000 4:13 PM To: CWPfister@cps-satx.com Cc: Janet.H.Wallis@enron.com Subject: RE: FW: Enfolio Contract with CPS Christian, If the purchase order number will be the same for all deals under the contract, can you give me the number so that I can include it as a part of your address for Invoices. (See attached file: CITYPublicServiceSanAntonio.doc)