Message-ID: <28357889.1075845852898.JavaMail.evans@thyme> Date: Tue, 15 May 2001 03:23:00 -0700 (PDT) From: mark.metts@enron.com To: lance.schuler-legal@enron.com, john.llodra@enron.com, kay.mann@enron.com, timothy.detmering@enron.com, w.duran@enron.com Subject: RE: Confidentiality agreement Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Mark Metts X-To: Lance Schuler-Legal, John Llodra, Kay Mann, Timothy J Detmering, W David Duran X-cc: X-bcc: X-Folder: \Kay_Mann_June2001_2\Notes Folders\Discussion threads X-Origin: MANN-K X-FileName: kmann.nsf Based upon Lance's email, consider me "signed off" as well. Thanks. -----Original Message----- From: Schuler-Legal, Lance Sent: Tuesday, May 15, 2001 7:37 AM To: Metts, Mark Cc: Llodra, John; Mann, Kay; Timothy J Detmering/HOU/ECT@ENRON; Duran, W. David Subject: RE: Confidentiality agreement We do have another CA with Ameresco; however, there is no conflict between the two agreements. Kay, we would appreciate your deal team not engaging in any discussions with Ameresco regarding any other deal we may be working on with them. Kay, I do not have any comments on the language limiting our involvement with your proposed transaction to be only with Ameresco. Thanks. Lance. W. Lance Schuler Enron North America Corp. 1400 Smith Street, EB 3826 Houston, Texas 77002 Phone: 713/853-5419 Fax: 713/646-3393 Email: lance.schuler-legal@enron.com Mark Metts/Enron@EnronXGate 05/14/2001 04:45 PM To: Kay Mann/Corp/Enron@Enron, Timothy J Detmering/HOU/ECT@ENRON cc: John Llodra/Corp/Enron@ENRON, W David Duran/ENRON@enronXgate, Lance Schuler-Legal/HOU/ECT@ECT Subject: RE: Confidentiality agreement I do not necessarily anticipate a problem, but because I believe that Enron is considering the possibility of entering into another transaction with Ameresco, I have asked Lance Schuler to make sure that there is no conflict or other unintended result. Having said that, I have no substantative problem with the provision addressed by Kay's email. But let's make sure we run this one trap first. Thanks, Mark -----Original Message----- From: Mann, Kay Sent: Monday, May 14, 2001 1:01 PM To: Metts, Mark; Timothy J Detmering/HOU/ECT@ENRON Cc: Llodra, John; Duran, W. David; Schuler-Legal, Lance Subject: Confidentiality agreement Gentlemen, I'm with EWS Legal, and I'm working with John Llodra (East Power origination) concerning a confidentiality agreement with Ameresco. The proposed transaction is described as follows: A potential power plant site development and asset management services related to the Island End Generation Project, a nominal 365 MW combined cycle power generation facility, proposed to be located in Everett, Massachusetts. The current draft of the CA contains this language: From the time of the signing of this Agreement until October 1, 2001 neither Party shall pursue the Proposed Transaction without the participation of the other Party, unless the other Party consents in writing or notifies the other Party that it does not intend to pursue the Proposed Transaction. In accordance with policy, this issue is being submitted to you for your review. John can be contacted at 978 449 9936. My extension is 57566. Thank you, Kay Here is the entire CA: << File: Enron Bilateral CA Draft 5 reAmeresco 050901.doc >>