Message-ID: <22836733.1075853412789.JavaMail.evans@thyme> Date: Fri, 4 May 2001 02:48:00 -0700 (PDT) From: janice.moore@enron.com To: edward.sacks@enron.com, genia.fitzgerald@enron.com Subject: RE: Select guarantee Cc: rhonda.denton@enron.com, elizabeth.sager@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: rhonda.denton@enron.com, elizabeth.sager@enron.com X-From: Janice R Moore X-To: Edward Sacks, Genia FitzGerald X-cc: Rhonda L Denton, Elizabeth Sager X-bcc: X-Folder: \Elizabeth_Sager_Nov2001\Notes Folders\All documents X-Origin: Sager-E X-FileName: esager.nsf Ed/Genia: Would you please follow up with Becky Kalmick at ANPower if we don't receive this guarantee amendment (see the note at the bottom) early next week? Thanks. Regards, Janice EB3861 Assistant General Counsel, Enron North America Corp. 713-853-1794 (Fax: 713-646-4842) ----- Forwarded by Janice R Moore/HOU/ECT on 05/04/2001 09:46 AM ----- "Kalmick, Becky" 05/02/2001 11:33 AM To: "'Janice.R.Moore@enron.com'" cc: Subject: RE: EEI Master -- this time it's attached Janice, We have signed the EEI and two originals should be delivered to you shortly. In the meantime, here's a copy with our signature. Thanks, Becky -----Original Message----- From: Janice.R.Moore@enron.com [mailto:Janice.R.Moore@enron.com] Sent: Tuesday, May 01, 2001 3:45 PM To: bkalmick@anpower.com Cc: Edward.Sacks@enron.com; Genia.FitzGerald@enron.com; Rhonda.L.Denton@enron.com Subject: Re: EEI Master -- this time it's attached Importance: High (See attached file: ANP Marketing Company CS 050101.doc) Janice R Moore To: bkalmick@anpower.com cc: Rhonda L Denton/HOU/ECT@ECT, Genia FitzGerald/HOU/ECT@ECT, Edward 05/01/2001 Sacks/Enron@EnronXGate 03:13 PM Subject: EEI Master -- with credit terms Becky: Here's a revised cover sheet that includes everything we've discussed so far (including the clause I sent you yesterday), plus credit terms. These terms have been based on general discussions b/w your credit people and ours. If you can get agreement quickly from your credit department, we can execute this agreement this week. If there are any questions, please have your credit person get in touch w/ Ed Sacks directly (713-345-7712) or call me if there are problems w/ anything at all. As I mentioned this morning, the guarantee we have now from American National Power, Inc. says that it will expire this month, so we'll be needing an appropriate amendment. May I suggest that you amend it to use the language in Enron's standard guarantee, as follows: Guarantor may terminate this Guarantee by providing written notice of such termination to Counterparty and upon the effectiveness of such termination, Guarantor shall have no further liability hereunder, except as provided in the last sentence of this paragraph. No such termination shall be effective until five (5) business days after receipt by Counterparty of such termination notice. No such termination shall affect Guarantor's liability with respect to any Transaction (as defined in the Agreement) entered into prior to the time the termination is effective, which Transaction shall remain guaranteed pursuant to the terms of this Guarantee. I have not been able to obtain a copy of this guarantee from our files, but we also need to check to be sure that it covers power purchase and sale transactions of ANP Marketing Company. Friday is my last day at Enron, and it would be most efficient if we could wrap this up before then. Thanks so much for your kind assistance. Regards, Janice EB3811 Assistant General Counsel, Enron North America Corp. 713-853-1794 (Fax: 713-646-3490) - ENRON-AM.pdf