Message-ID: <609844.1075860240957.JavaMail.evans@thyme> Date: Thu, 31 May 2001 09:58:00 -0700 (PDT) From: frank.sayre@enron.com Subject: Draft ISDA Schedule/Paragarph 13 for Hedge Funds Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Frank Sayre X-To: Mark Taylor@ECT, Sara Shackleton@ECT, Brent Hendry@Enron X-cc: Marie Heard@Enron X-bcc: X-Folder: \Mark_Taylor_Jun2001\Notes Folders\Notes inbox X-Origin: Taylor-M X-FileName: mtaylor.nsf Attached is a draft template for the Schedule and Paragraph 13 of a ISDA Master Agreement to be use by hedge funds. The document has been reviewed by Cadwalader and contains a significantly enlarged range of representations and covenants of both the hedge fund and the investment manager. I have not included in this draft the concept of an investment manager letter which was suggested by Cadwalader and which can be used when the investment manager does not agree to be a party to the ISDA Master Agreement. I would appreciate it if each of you would take a look at the document and provide me with any comments you have. I am meeting with David Mitchell of Cadwalader on Monday of next week. I also plan to walk through the base document with Caroline Abramo and the others in New York on Sunday so that they can better understand why the ISDA for hedge funds is more complex than normal ISDAs. Finally, I am also attaching a list that I have prepared of the major changes that have been made to the standard ISDA to create the hedge fund template. Thanks. Frank