Message-ID: <23390288.1075840367287.JavaMail.evans@thyme> Date: Wed, 26 Dec 2001 12:01:36 -0800 (PST) From: steve.hotte@enron.com To: greg.piper@enron.com, sally.beck@enron.com, jenny.rub@enron.com Subject: FW: Revised Settlement Documents Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Hotte, Steve </O=ENRON/OU=NA/CN=RECIPIENTS/CN=SHOTTE> X-To: Piper, Greg </O=ENRON/OU=NA/CN=RECIPIENTS/CN=Gpiper>, Beck, Sally </O=ENRON/OU=NA/CN=RECIPIENTS/CN=Sbeck>, Rub, Jenny </O=ENRON/OU=NA/CN=RECIPIENTS/CN=Jrub> X-cc: X-bcc: X-Folder: \sbeck\Inbox X-Origin: BECK-S X-FileName: sally beck 1-28-02.pst As per my previous note, the methodologies may change, but keeping you posted as to the current direction. -----Original Message----- From: Hayslett, Rod Sent: Wednesday, December 26, 2001 1:19 PM To: Barnes, Caroline; Brassfield, Morris; Cherry, Paul; Geaccone, Tracy; Gilbert, Steve; Hotte, Steve; Howard, Kevin A.; Keiser, John; Peters, Jerry; Ratner, Michael; Saunders, James; Stern, Ellis Subject: FW: Revised Settlement Documents Importance: High Confidential - but comments are desired to me. Very short fuse however. -----Original Message----- From: Fossum, Drew Sent: Wednesday, December 26, 2001 10:05 AM To: Hayslett, Rod Subject: FW: Revised Settlement Documents Here they are. DF -----Original Message----- From: richard.levine@weil.com [mailto:richard.levine@weil.com] Sent: Wednesday, December 26, 2001 7:24 AM To: Fossum, Drew Subject: Revised Settlement Documents Attached are the revised settlement documents we sent to BakerBotts on Christmas Eve. We, of course, have not yet heard back. Was Rod Hayslett's concern just going to the Closing Date concern you raised (which we will try to address, perhaps by requiring "X" days notice of a scheduled closing)? ---------------------- Forwarded by Richard Levine/NY/WGM/US on 12/26/2001 08:18 AM --------------------------- Richard Levine 12/24/2001 07:48 PM To: rebecca.robertson@bakerbotts.com, srosenfeld@paulweiss.com cc: Greg Danilow/NY/WGM/US@WGM, Richard Rothman/NY/WGM/US@WGM, Martin Bienenstock/NY/WGM/US@WGM, rtufaro@milbank.com Subject: Revised Settlement Documents While we are sure clean-up is needed (such as converting the defined term "Mutual Release" to a new defined term ("MCTJ Settlement Agreement") throughout the documents and, we suggest, defining Dynegy Inc. and Dynegy Holdings as "Dynegy" for simplification purposes), the attached are designed to address your major concerns, including that CGNN not be a party in the Adversary Proceeding, with protections designed to prevent Dynegy from using that change to attempt to preclude Enron from suing for damages for wrongful exercise under the Option Agreement -- which we understand to be part of the agreement reached last week. We look forward to your comments. Merry Christmas. (Settlement Agreement f/k/a Mutual release) (See attached file: n38102!.DOC) (Settlement Agreement f/k/a Mutual release) (See attached file: n381RED.DOC) (Agreed judgment) (See attached file: n38405!.DOC) (Agreed judgment) (See attached file: n384RED.DOC) (Agreement) (See attached file: n38304!.DOC) (Agreement) (See attached file: n383RED.DOC) (Stipulation) (See attached file: n38203!.DOC) (Stipulation) (See attached file: n382RED.DOC) **********NOTE********** The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone (212-310-8000), and destroy the original message. Thank you.