Message-ID: <19362158.1075861742322.JavaMail.evans@thyme> Date: Mon, 8 Oct 2001 10:09:03 -0700 (PDT) From: kay.mann@enron.com To: barton.clark@enron.com Subject: FW: Ft. Pierce and Midway Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Mann, Kay X-To: Clark, Barton X-cc: X-bcc: X-Folder: \KMANN (Non-Privileged)\Mann, Kay\Midway X-Origin: Mann-K X-FileName: KMANN (Non-Privileged).pst Here's the chart on the Midway docs. John Keffer (713 751 3255) and Bill Parish at King & Spalding have been involved. I'll have them send you the most recent purchase/sale agreement on Midway. Kay -----Original Message----- From: Parish, Bill [mailto:BParish@KSLAW.com] Sent: Monday, October 08, 2001 11:57 AM To: Mann, Kay Cc: Keffer, John Subject: RE: Ft. Pierce and Midway Kay, attached is a chart summary of our review of the Midway documents that addresses the issues raised by Stuart Zisman in his e-mail of 10/4/01 to you and Bart Clark. Please let me know if you have any questions or comments. I hope you are doing well. Best Regards, William Parish King & Spalding 1100 Louisiana, Suite 3300 Houston, Texas 77002 Phone: 713/276-7413 Fax: 713/751-3280 E-mail: bparish@kslaw.com <<3D7Y01!.DOC>> -----Original Message----- From: Mann, Kay [mailto:Kay.Mann@ENRON.com] Sent: Thursday, October 04, 2001 11:20 AM To: jkeffer@kslaw.com; bparish@kslaw.com Subject: FW: Ft. Pierce and Midway Hi John and Bill, I know I've been out of the loop on this one, but I wanted to check to make sure that you were still involved. You may have given Sheila or Bart the info, but just in case you didn't, did the document review on Midway get completed? Thanks, Kay > -----Original Message----- > From: Zisman, Stuart > Sent: Thursday, October 04, 2001 11:14 AM > To: Mann, Kay; Clark, Barton > Cc: Jacoby, Ben; Plauche, Stephen; Hoff, Jonathan > Subject: Ft. Pierce and Midway > > Bart and Kay, > > In preparation for providing potential purchasers with access to > DealBench (expected as soon as October 22nd), I wanted to determine > whether all of the documents on DealBench have been reviewed to > consider whether their disclosure or the anticipated sale will cause a > problem or violate the terms of any agreement. At our kick-off > meeting in mid-July (I can't remember if Kay was there), we discussed > having the documents reviewed (by 9/1/01) for (i) confidentiality > provisions, (ii) restrictions on transferability, (iii) continuing > liability for Enron or it affiliates (in the form of guarantees, etc.) > and (iv) unusual termination rights that might be triggered by a sale > of the project. > > My team is in the process of cleaning up DealBench in preparation for > providing access to second round bidders. We are focusing primarily > on organization, making sure that the documents are the most recent > and accurate drafts (with cooperation from Ben's group) and > determining whether the documents contain information on other > development sites or project (which would require redaction). We have > stumbled across a couple of confidentiality provisions in the Midway > Interconnection Feasibility Study Agreements (specifically documents > 02.05.01, 02.05.02 and 02.05.03 on DealBench) and wanted to know if > (i) legal is ok with them and (ii) whether all of the other documents > have been reviewed (i.e. are there similar provisions in other > documents). > > Please let me know what has been or will be done in this regard. > > Thanks in advance for your assistance. > > Stuart > > P.S. Kay, I sent Bart a message yesterday regarding the need to > prepare forms of purchase and sale agreement for each of the projects. > My understanding is that you may have already prepared a form for the > sale of Midway. Please coordinate with Bart to develop a form that > works for both projects (with the understanding that there may need to > be some differences between the two because of differences in the > projects). Under separate cover, I will forward to you a copy of the > email that I sent yesterday. ********************************************************************** This e-mail is the property of Enron Corp. and/or its relevant affiliate and may contain confidential and privileged material for the sole use of the intended recipient (s). Any review, use, distribution or disclosure by others is strictly prohibited. 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