Message-ID: <6763096.1075844569191.JavaMail.evans@thyme> Date: Mon, 25 Sep 2000 09:22:00 -0700 (PDT) From: sara.shackleton@enron.com To: john.greene@enron.com Subject: Re: Instinet and other platforms in the name of ENA or ECT Investments, Inc. Cc: paul.simons@enron.com, jorge.garcia@enron.com, laurel.adams@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: paul.simons@enron.com, jorge.garcia@enron.com, laurel.adams@enron.com X-From: Sara Shackleton X-To: John Greene X-cc: Paul Simons, Jorge A Garcia, Laurel Adams X-bcc: X-Folder: \Sara_Shackleton_Dec2000_June2001_1\Notes Folders\Sent X-Origin: SHACKLETON-S X-FileName: sshackle.nsf John: The "signature block" for ENA and ECT Investments, Inc. trades done through the U.K. agent actually looks different. It should read something like "Company X, as agent for ENA", for example. Therefore, Insitnet needs to see the agency agreement between Company X and ENA (which is in the process of being drafted). You are correct in that the original ENA/Instinet agreement will be utilized. However, Instinet needs to review the agency arrangement before proceeding. You are also correct about the ITG agreement. In fact, ENA DOESN'T have an executed agreement with POSIT. I spoke with the POSIT lawyer several months ago and was shocked that the service would operate without anything in writing. Thanks. Sara John Greene 09/25/2000 02:32 PM To: Sara Shackleton/HOU/ECT@ECT cc: Paul Simons/LON/ECT@ECT, Sheila Glover/HOU/ECT@ECT, Laurel Adams/HOU/ECT@ECT Subject: Re: Instinet and other platforms in the name of ENA or ECT Investments, Inc. Sara, As ENA and ECT Investments, Inc., will be the entities where all trades are actually booked, I would not think that any new agreements would need to be signed between the new "agent" entitiy and any outside vendors (ie, brokers, online trading platforms, etc.) The new entity will never take actual ownership of the securities. Therefore, I would presume that the Instinet agreement should just be an addendum to existing documentation. The Posit/ITG agreement will have to be an entirely new agreement because the ownership structure of ITG Europe is different than that of the States. This agreement, however, should reflect exactly the same sort of structure/language as was used to negotiate the contract between ITG and ENA and ECT Investments, Inc. Please let me know your thoughts. Thanks and regards, John From: Sara Shackleton on 25/09/2000 08:35 CDT To: John Greene/LON/ECT@ECT cc: Subject: Instinet and other platforms in the name of ENA or ECT Investments, Inc. John: Hi, there! As you are aware of the structuring for tax purposes, until the U.K. corporate agent is actuallly formed, there is nothing further that I can do. That formation should happen today or tomorrow. With the actual name and agreements with ENA and ECT Investments, Inc., I can provide that information to Instinet and the other trading platforms you are interested in transacting on. Just FYI, the Instinet people are merely waiting for the agent agreement in order to proceed. Please let me know if you have any further questions. Sara