Message-ID: <20069058.1075844795504.JavaMail.evans@thyme> Date: Tue, 8 May 2001 06:09:00 -0700 (PDT) From: jason.williams@enron.com To: brent.hendry@enron.com, frank.sayre@enron.com, mary.cook@enron.com, sara.shackleton@enron.com Subject: FW: Midcoast Energy to Enbridge ISDA Issues Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Jason R Williams X-To: Brent Hendry, Frank Sayre, Mary Cook, Sara Shackleton X-cc: X-bcc: X-Folder: \Sara_Shackleton_Dec2000_June2001_2\Notes Folders\Notes inbox X-Origin: SHACKLETON-S X-FileName: sshackle.nsf Sara, Brent, Frank and Mary - Midcoast Energy is being acquired by Enbridge, Inc. and has posed a question related to our Master Swap agreement with Midcoast Marketing, Inc. The question concerns the issue of a merger event and whether this constitutes an Event of Default if we don't provide a waiver. The Midcoast people need to have this question answered before submitting a final merger proxy to shareholders. The attached document is a proposed form of waiver that Midcoast crafted for their ISDA with Scotia Bank. Can you please take a look at this format and let me know if you have any issues with it? Thanks, Jay -----Original Message----- From: Black, Troy Sent: Monday, May 07, 2001 1:00 PM To: Williams, Jason R. Subject: Midcoast Energy to Enbridge ISDA Issues Importance: High Jason, Please take a look. Troy -----Original Message----- From: Janet Coy @ENRON [mailto:IMCEANOTES-Janet+20Coy+20+3CJcoy+40midcoastenergy+2Ecom+3E+40ENRON@ENR ON.com] Sent: Monday, May 07, 2001 10:58 AM To: Black, Troy Subject: LIMITED WAIVER AND CONSENT <> I need something like this drafted by Enron regarding our ISDA. Let me know how your legal people feel about it. thanks, Janet - Midcoast_Waiver for ISDA Swap with Scotia Bank (2)_.doc