Message-ID: <6520010.1075858816670.JavaMail.evans@thyme> Date: Tue, 9 Oct 2001 09:46:40 -0700 (PDT) From: john.jesse@enron.com To: maggie.schroeder@enron.com, sara.shackleton@enron.com, nora.dobin@enron.com Subject: RE: Revised Confirm Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Jesse III, John X-To: Schroeder, Maggie , Shackleton, Sara , Dobin, Nora X-cc: X-bcc: X-Folder: \SSHACKL (Non-Privileged)\Shackleton, Sara\Inbox X-Origin: Shackleton-S X-FileName: SSHACKL (Non-Privileged).pst Regarding the proposed language in 2(c), I would recommend that such provision be modified so that if SunTrust is a party to any new credit agreement, the covenants contained therein would govern the swap agreement going forward. Since chances are good that SunTrust will continue to be a lender, this modification would obviate the need to monitor FGT's compliance with potentially inconsistent terms between the old and new credit agreements. If SunTrust ceases to be a party to FGT's credit agreement prior to the maturity date of the swap, then the terms and conditions in effect at the time of SunTrust's withdrawal would apply prospectively. -----Original Message----- From: Schroeder, Maggie Sent: Tuesday, October 09, 2001 9:37 AM To: Jesse III, John; Shackleton, Sara; Dobin, Nora Subject: FW: Revised Confirm John, FYI Nora, If you could review the other provisions to make sure that they picked up our changes. Sara, Could you please give a general review? If you are not the correct party (Jeff Nogid gave me your name), could you give me guidance as to who could assist? Thanks to everyone. -----Original Message----- From: Newby.Steven [mailto:Steven.Newby@SunTrust.com] Sent: Tuesday, October 09, 2001 9:28 AM To: Schroeder, Maggie Cc: Kuykendall.Ken; Avant.Phillip Subject: Revised Confirm Maggie - Attached is another revision of the swap confirm. Ken wanted to make some clarifying changes to the copy we sent to you last week. Sorry for the confusion and please feel free to give me a call to discuss. If this is acceptable let me know and I will send a clean copy. Thanks. Steve ***************************************************************** The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. ****************************************************************