Message-ID: <5877256.1075845986802.JavaMail.evans@thyme> Date: Tue, 20 Feb 2001 01:36:00 -0800 (PST) From: kay.mann@enron.com To: ben.jacoby@enron.com Subject: Re: PSEG - Exclusivity Letter & Comments Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Kay Mann X-To: Ben F Jacoby X-cc: Fred Mitro@ECT X-bcc: X-Folder: \Kay_Mann_June2001_3\Notes Folders\Sent X-Origin: MANN-K X-FileName: kmann.nsf I think it can be accomplished so long as we have no obligation to agree to any particular terms in the definitive docs. I don't see why we would need to DASH exclusivity. See you soon, Kay From: Ben F Jacoby @ ECT 02/16/2001 11:30 AM Sent by: Ben Jacoby@ECT To: Kay Mann/Corp/Enron@ENRON cc: Fred Mitro Subject: Re: PSEG - Exclusivity Letter & Comments Isn't that accomplished by having the agreement be simply an exclusivity agreement wherein the consideration for the duration of exclusivity is the $300k? Fred's checking with credit to see if we need to DASH exclusivity (although I find it hard to believe that we would). Kay Mann@ENRON 02/16/2001 08:41 AM To: Ben F Jacoby/HOU/ECT@ECT cc: Fred Mitro/HOU/ECT@ECT, Scott Healy/SF/ECT@ECT, Rusty Stevens/Corp/Enron@ENRON, Carlos Sole/NA/Enron@Enron Subject: Re: PSEG - Exclusivity Letter & Comments Gentlemen, I think we also need to be certain that we have a decent amount of discretion in whether we close, otherwise we have to consider the DASH process at this time. Kay From: Ben F Jacoby @ ECT 02/16/2001 01:12 AM Sent by: Ben Jacoby@ECT To: Fred Mitro/HOU/ECT@ECT cc: Scott Healy/SF/ECT@ECT, Rusty Stevens/Corp/Enron@ENRON, Carlos Sole/NA/Enron@Enron, Kay Mann/Corp/Enron@Enron Subject: Re: PSEG - Exclusivity Letter & Comments From a commercial perspective, I don't have a problem leaving out the exercise price during the 30 day option period, so long as our obligation to sell is contingent upon the negotiation of a purchase agreement and the agreement on purchase price. $300k seems fair for a 30 day exclusivity. Regards, Ben