Message-ID: <12821695.1075844941683.JavaMail.evans@thyme> Date: Tue, 1 Aug 2000 04:10:00 -0700 (PDT) From: steve.duffy@enron.com To: stanley.horton@enron.com Subject: Re: The Koch S-1 Cc: cindy.stark@enron.com, lori.maddox@enron.com, rbaird@velaw.com, molly.sample@enron.com, joe.richards@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: cindy.stark@enron.com, lori.maddox@enron.com, rbaird@velaw.com, molly.sample@enron.com, joe.richards@enron.com X-From: Steve Duffy X-To: Stanley Horton X-cc: Cindy Stark, Dana Gibbs@Eott, Lori Maddox, rbaird@velaw.com, Susan Ralph@Eott, Molly Sample, Joe Richards X-bcc: X-Folder: \Stanley_Horton_1\Notes Folders\All documents X-Origin: HORTON-S X-FileName: shorton.nsf Per Stan's response, our discussions this morning, and my talk with Bob Baird a few minutes ago, we will move promptly in the direction of getting the S-1 filed with (1) an acceptable but otherwise minimal disclosure of the Phoenix deal (we will not name the seller), and (2) some disclosure about our need to renegotiate the term (crude) supply deal with Koch. Dana and I will first have a confidential conversation with Tye Darland and Mark Wilson at Koch----and I am trying to arrange that discussion now. In the meantime, Baird will be fixing the S-1 with the new disclosures so we will be able to move right away once we talk with Koch. Joe Richards will clear the needed hurdles with Equilon in this regard. Please advise if there are any questions. Thanks. SWD Stanley Horton@ENRON Sent by: Cindy Stark@ENRON 07/31/2000 04:32 PM To: Steve Duffy/Houston/Eott@EOTT cc: Dana Gibbs@EOTT, Lori Maddox/Houston/Eott@Eott, Susan Ralph@EOTT, rbaird@velaw.com@EOTT Subject: Re: The Koch S-1 Steve: Dana's suggestion is a good one. It's honest and puts our delay in the bracket of "good faith". Stan From: Steve Duffy@EOTT on 07/31/2000 02:19 PM To: Dana Gibbs, Lori Maddox/Houston/Eott@Eott, Susan Ralph, Stanley Horton/Corp/Enron@Enron, rbaird@velaw.com cc: Subject: The Koch S-1 Today I received a somewhat unpleasant letter from Mr. Mark Wilson at Koch. Koch is saying that it has been damaged by the delay in the registration of its EOTT common units and is making veiled threats of legal action against EOTT. The tone of Mr. Wilson's letter is inappropriate in my view. I will send each of you a copy of Mr. Wilson's letter and I will work with Bob Baird in framing an appropriate response from EOTT. At this juncture, since it now appears that it will be at least several more weeks before we know whether the Phoenix deal will become "disclosable," it might make sense to advise Koch about Phoenix on the condition of strict confidentiality (Dana's suggestion). Bob, could we do this? If we could do this, Koch would be able to appreciate the dilemma posed by the Phoenix deal and how this impacts the S-1 filing. SWD