Message-ID: <6363676.1075858809096.JavaMail.evans@thyme> Date: Mon, 8 Oct 2001 14:04:09 -0700 (PDT) From: sara.shackleton@enron.com To: m..melman@enron.com Subject: Enron North America Corp. confirmations with Bear Stearns & Co Inc. ("BS&Co.") and Bear Stearns International Limited ("BSIL") Cc: tanya.rohauer@enron.com, joseph.henry@enron.com Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Bcc: tanya.rohauer@enron.com, joseph.henry@enron.com X-From: Shackleton, Sara X-To: Melman, Gil M. X-cc: Rohauer, Tanya , Henry, Joseph X-bcc: X-Folder: \SSHACKL (Non-Privileged)\Shackleton, Sara\Sent Items X-Origin: Shackleton-S X-FileName: SSHACKL (Non-Privileged).pst Gil: (1) the BS&Co. confirm references the "Irrevocable Sell Order dated August 9, 2001". Please forward a copy. This apparently contains definitions for (multiple) Sell Order Execution Dates. (2) according to your notes, the BSIL "Standard Terms and Conditions of Business" is subject to review by a UK lawyer. Please advise of your conclusions. Forward executed version (which is incorporated into the confirms). (3) the BS&Co. confirm references the Customer Agreement and incorporates this as a Credit Support Document. Please forward executed verison. [BS&Co. also claims that deals pursuant to your Customer Agreement are Specified Transactions for purposes of OTC derivative transactions] (4) portions of the confirm do not match the unexecuted Term Sheet which you gave me. Was a Term Sheet executed? Is there an ENE guaranty which is supposed to be a Credit Support Document under the confirm? Sara Shackleton Enron Wholesale Services 1400 Smith Street, EB3801a Houston, TX 77002 Ph: (713) 853-5620 Fax: (713) 646-3490