Message-ID: <16939477.1075852743389.JavaMail.evans@thyme> Date: Mon, 29 Oct 2001 11:09:03 -0800 (PST) From: tanya.rohauer@enron.com To: t..hodge@enron.com Subject: FW: Enron Master Netting Agreement Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Rohauer, Tanya X-To: Hodge, Jeffrey T. X-cc: X-bcc: X-Folder: \JHODGE (Non-Privileged)\Hodge, Jeffrey T.\Inbox X-Origin: Hodge-J X-FileName: JHODGE (Non-Privileged).pst Please review asap as dynegy would like to put in place for the next settlement. We currently settle gross with them. On Duke, does the document address the power stuff? I thought Carol said it only addressed gas (regardless of their intent). Please give me call. My asst will track me down or cell is 713-857-3887 Thanks -----Original Message----- From: Bradford, William S. Sent: Monday, October 29, 2001 11:04 AM To: St. Clair, Carol; Sager, Elizabeth; Rohauer, Tanya Subject: FW: Enron Master Netting Agreement Please expedite. Let me know how it moves forward. This one is important. -----Original Message----- From: Peter.J.Pavluk@dynegy.com@ENRON Sent: Monday, October 29, 2001 9:49 AM To: wbradfo@ect.enron.com Cc: Ernie.Kohnke@dynegy.com Subject: Re: Enron Master Netting Agreement here is our netout - we will settle on Oct 3, so can we get netout papered so we can netout this month (See attached file: Netout.doc) Please have your legal folks work directly with Ernie Kohnke on this Thanks Pete Peter J Pavluk To: wbradfo@ect.enron.com cc: 10/29/01 Subject: Enron Master Netting Agreement 09:43 AM here it is ----- Forwarded by Peter J Pavluk/HOU/Dynegy on 10/29/01 09:43 AM ----- Ernie Kohnke To: Peter J Pavluk/HOU/Dynegy@Dynegy 10/23/01 cc: 04:12 PM Subject: Enron Master Netting Agreement Pete, Attached please find my comments and suggested revisions for the Master Netting Agreement with Enron. I have noted in paragraph 6(h) (and the same comments applies to paragraph 6(i)) that I need further explanation of the provision itself, and I will be happy to discuss this provision with someone from Enron or someone in our shop. For the most part, the agreement looks pretty good. Most of my changes focused on the arbitration clause. Given the nature of this Agreement, we should be careful to include all of the counterparty agreements (for example, I added a reference to a GISB in place between DMT and Enron Energy Services). If the list of agreements becomes too extensive, then we may want to consider simply listing all of the various Enron entities and Dynegy entities by name within the body of the Agreement, and attaching an exhibit that specifies the Underlying Master Agreements that are in effect at the time this Netting Agreement is executed. Please contact me with any questions or comments you may have. Thanks. Ernie (See attached file: Enron Master Netting Revised 10-23-01.doc) - Netout.doc - Enron Master Netting Revised 10-23-01.doc