Message-ID: <11697954.1075858814240.JavaMail.evans@thyme> Date: Thu, 27 Sep 2001 12:05:54 -0700 (PDT) From: jim.armogida@enron.com To: clint.freeland@enron.com Subject: RE: Equity Forward Contract Cc: jeff.nogid@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: jeff.nogid@enron.com X-From: Armogida, Jim X-To: Freeland, Clint , 'Annette.Spencer@ubsw.com' X-cc: Nogid, Jeff , 'Christine.Lee@ubsw.com', Shackleton, Sara X-bcc: X-Folder: \SSHACKL (Non-Privileged)\Shackleton, Sara\Inbox X-Origin: Shackleton-S X-FileName: SSHACKL (Non-Privileged).pst Certainly OK. -----Original Message----- From: Freeland, Clint Sent: Thursday, September 27, 2001 12:26 PM To: 'Annette.Spencer@ubsw.com' Cc: Nogid, Jeff; Christine.Lee@ubsw.com; Shackleton, Sara; Armogida, Jim Subject: RE: Equity Forward Contract From a commercial perspective, this is fine with me. I leave it to Jim to confirm that this is acceptable from the legal perspective. CF -----Original Message----- From: Annette.Spencer@ubsw.com [mailto:Annette.Spencer@ubsw.com] Sent: Thursday, September 27, 2001 12:06 PM To: Freeland, Clint Cc: Nogid, Jeff; Christine.Lee@ubsw.com; Shackleton, Sara; Armogida, Jim; Annette.Spencer@ubsw.com Subject: RE: Equity Forward Contract Clint / Jim, Have amended the number (and added a reference to the Treasury office): "Such Non-Affected Party will use commercially reasonable efforts to promptly confirm the transmission of such facsimile notice by telephone (telephone number 1-800-973-6766, attention Enron Treasury Office) to the Affected Party, provided however, that failure to so confirm will not in anyway invalidate the effectiveness of a notice by facsimile transmission." Please confirm this is now acceptable. Any questions - don't hesitate to contact me, 203 719 5493 Regards, Annette Spencer ______________________________ Reply Separator _________________________________ Subject: RE: Equity Forward Contract Author: Clint.Freeland (Clint.Freeland@ENRON.com) at unix,mime Date: 9/27/01 11:38 AM Christine - Sara is out of the office for the rest of the week, but I understand why you guys have trouble with me specifically being listed. Instead of my number being put in there, can we just use the general Enron Corp phone number (1-800-973-6766) and have UBS ask to be connected to the Treasurer's office. There will always be a person there to take the call, and you will always be directed to the right person regardless of what employee reassignments may occur between now and then. Jim, what do you think of this? Christine, since Sara is out, would you please include Jim Armogida on the distribution list. Thanks. CF -----Original Message----- From: Christine.Lee@ubsw.com [mailto:Christine.Lee@ubsw.com] Sent: Thursday, September 27, 2001 9:06 AM To: Shackleton, Sara Cc: Freeland, Clint; Nogid, Jeff; Annette.Spencer@ubsw.com Subject: Equity Forward Contract 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. 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