Message-ID: <17109275.1075860066116.JavaMail.evans@thyme> Date: Wed, 19 Jan 2000 05:42:00 -0800 (PST) From: mark.taylor@enron.com To: dale.neuner@enron.com Subject: REVISED Re: On-line GTC's for EPC and ECFC Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Mark Taylor X-To: Dale Neuner X-cc: X-bcc: X-Folder: \Mark_Taylor _Dec_2000\Notes Folders\Sent X-Origin: Taylor-M X-FileName: mtaylor.nsf ---------------------- Forwarded by Mark Taylor/HOU/ECT on 01/19/2000 01:41 PM --------------------------- Nony Flores 01/19/2000 01:30 PM To: Mark Taylor/HOU/ECT@ECT cc: Subject: REVISED Re: On-line GTC's for EPC and ECFC Mark - I forgot to copy Dale Neuner on my message to you yesterday afternoon. Have you already forward it to him the revised GTC's? If not, I'll be glad to do it. Thanks. Nony ---------------------- Forwarded by Nony Flores/HOU/ECT on 01/19/2000 01:28 PM --------------------------- Nony Flores 01/18/2000 05:12 PM To: Mark Taylor/HOU/ECT@ECT cc: Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Janice R Moore/HOU/ECT@ECT, Michael A Robison/HOU/ECT@ECT Subject: REVISED Re: On-line GTC's for EPC and ECFC Mark - We forwarding the revised GTC's for EPC and ECFC correcting the definition of Commercial Terms in Appendix I as follows: We've deleted this definition: "Commercial Terms" means that part of this Agreement confirming in writing the specific terms of a Transaction which may be in any form adequate at law that is issued in connection with a Transaction. and added the following new definition which mirrors the wording of Section 1.1 of the online GTC: "Special Terms and Conditions" means the special terms and conditions of a particular Transaction for the sale or purchase of Products, including but not limited to, payment terms, price, quantity/tolerance, Products description, specifications, delivery location and delivery window shall be as set forth on this website ("Special Terms and Conditions"); We've also made a global change to the entire document replacing "Commercial Terms" with "Special Terms and Conditions." EPC ECFC Thanks. Nony Flores Enron North America Corp. From: Michael A Robison 01/18/2000 11:17 AM To: Mark Taylor/HOU/ECT@ECT cc: Nony Flores/HOU/ECT@ECT, Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Janice R Moore/HOU/ECT@ECT Subject: Re: On-line GTC's for Enron Petrochemicals Company (EPC) Mark: The defined term "Commercial Term" which is contained in the Apendix I to the EPC gtcs should have been modified to reflect the definitional changes made in Section 1.1 of the gtcs. I"ll work with Nony to get it corrected. To: Nony Flores/HOU/ECT@ECT cc: Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Janice R Moore/HOU/ECT@ECT, Michael A Robison/HOU/ECT@ECT Subject: Re: On-line GTC's for Enron Petrochemicals Company (EPC) I have gone ahead and forwarded this and the ECFC version to the EOL people to be uploaded. I do have a concern though that I wanted to ask you about. These GTC's use the defined term "Commercial Term" which is defined as follows: "Commercial Terms" means that part of this Agreement confirming in writing the specific terms of a Transaction which may be in any form adequate at law that is issued in connection with a Transaction. We have taken the position in our other EOL trading that the transaction is complete and binding from the time we accept the counterparty's offer over the system by reference to the GTC, the numbers submitted by the counterparty (usually volume and price) and the Long Description. We've gone to some lengths to make sure that the combination of GTC, website numbers and Long Description contain all of the necessary terms. It's not clear to me that we intend the website numbers and Long Description to satisfy the definition of Commercial Terms. Are these transactions not intended to be binding until the confirmation is signed? Any thoughts on this? Nony Flores 01/11/2000 06:09 PM To: Mark Taylor/HOU/ECT@ECT cc: Alan Aronowitz/HOU/ECT@ECT, Harry M Collins/HOU/ECT@ECT, Janice R Moore/HOU/ECT@ECT, Michael A Robison/HOU/ECT@ECT, Dale Neuner/HOU/ECT@ECT, Steven M Elliott/HOU/ECT@ECT Subject: On-line GTC's for Enron Petrochemicals Company (EPC) Mark - Last week Dale Neuner was requested to add four new commodities to on-line trading and Mike Robison and Steve Elliott have reviewed and approved the long descriptions for benzene, mixed xylene, toluene and methanol. We have also finalized the form of GTC's for EPC (who trades benzene, xylene and toluene) and are forwarding them to you for further distribution. Note: GTC's for Enron Clean Fuels Company (who trades methanol) will follow on Wednesday. Thanks. Nony Flores Ext. 3-7541