Message-ID: <25181165.1075859383649.JavaMail.evans@thyme> Date: Wed, 31 Oct 2001 08:18:58 -0800 (PST) From: elizabeth.sager@enron.com To: marie.heard@enron.com Subject: Master Netting Agreements Reminder Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Sager, Elizabeth </O=ENRON/OU=NA/CN=RECIPIENTS/CN=ESAGER> X-To: Heard, Marie </O=ENRON/OU=NA/CN=RECIPIENTS/CN=Mheard> X-cc: X-bcc: X-Folder: \Marie_Heard_Jan2002\Heard, Marie\Inbox\master netting X-Origin: Heard-M X-FileName: mheard (Non-Privileged).pst Reminder - If you are working on a Master Netting Agreement, you also need to understand what type of entities are being included in the netted group. On the power side, there are regulatory restrictions on a regulated utility from becoming a guarantor of the debts of unregulated companies; accordingly, an MNA with a regulated utility and other unaffiliated parties on its side will not work, particularly if you are posting collateral on a fully netted basis. In this case, the only option would be to keep the underlying margining agreements in place (no new global collateral annex) and have the MNA only be a cross default and acceleration and possible setoff (just in case the money is going the right way and/or just in case it works). Mary is working on a new draft of the MNA to be used if we are not superceding the underlying margining terms. Thanks Elizabeth Sager 713-853-6349