Message-ID: <31334545.1075860215647.JavaMail.evans@thyme> Date: Mon, 31 Jan 2000 05:58:00 -0800 (PST) From: sara.shackleton@enron.com To: mark.taylor@enron.com Subject: Omnibus - Section 4 (Remedies) with respect to aggregation of Gains, Losses and Costs Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Sara Shackleton X-To: Mark Taylor X-cc: X-bcc: X-Folder: \Mark_Taylor_Jun2001\Notes Folders\Archive\1_00 X-Origin: Taylor-M X-FileName: mtaylor.nsf In discussing the Omnibus with outside counsel on a deal, I am not clear that the definition of "Loss" picks up the concept of "Unpaid Amounts." Arguably it does (although the concept of "Unpaid Amounts" is built into the ECT Master upon which the Omnibus was based for Early Termination for Events of Default but not followed through entirely for Accelerated Termination Date). My guess is that we decided that Omnibus "Loss" pv of economic loss includes both past amounts owed/subsequent valuation. Can you recall?