Message-ID: <7539513.1075858814139.JavaMail.evans@thyme> Date: Thu, 27 Sep 2001 07:05:57 -0700 (PDT) From: christine.lee@ubsw.com To: sara.shackleton@enron.com Subject: Equity Forward Contract Cc: clint.freeland@enron.com, jeff.nogid@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: clint.freeland@enron.com, jeff.nogid@enron.com X-From: Christine.Lee@ubsw.com@ENRON X-To: Shackleton, Sara X-cc: Freeland, Clint , Nogid, Jeff , Annette.Spencer@ubsw.com X-bcc: X-Folder: \SSHACKL (Non-Privileged)\Shackleton, Sara\Inbox X-Origin: Shackleton-S X-FileName: SSHACKL (Non-Privileged).pst Sara, Thank you for reviewing and returning the equity forward confirmations so promptly. We have reviewed the handwritten comment on page 8 of the contract and unfortunately cannot accept the language as presented. Our concern is that if we are unable to get through to Clint for any reason (either speaking to him directly or getting voice mail), the termination notice would not be effective. We propose to insert the following language instead: "Such Non-Affected Party will use commercially reasonable efforts to promptly confirm the transmission of such facsimile notice by telephone (telephone number 713-345-7538) to the Affected Party, provided however, that failure to so confirm will not in anyway invalidate the effectiveness of a notice by facsimile transmission." (insert as the last sentence of the third paragraph under "Additional Termination Event".) Please let me know if this works for you. If so, we will produce new contracts with the language and send it back to you for another round of signatures. Please call me if you have any questions. I apologize for any inconvenience this may cause. Regards, Christine 203-719-8354 Visit our website at http://www.ubswarburg.com This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required please request a hard-copy version. This message is provided for informational purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial instruments.