Subject: highstar / ena closing
the email below was distributed to most of the people on the " knowledge list " in the ena - highstar spa . however , i just received your email addresses , so please excuse this late notice .
as you may be aware , the closing date for highstar ' s purchase of north carolina power holdings , llc has been scheduled for july 12 . pursuant to section 7 . 4 of the attached securities purchase agreement , if any factual circumstances are inconsistent with the representations , warranties and covenants made by ena as of may 16 , 2001 , ena must supplement or amend the schedules ( and provide highstar with supporting documentation regarding such changes ) at least 5 business days prior to closing .
please review section 4 . 1 and section 7 . 1 of the securities purchase agreement , together with the information on the companion schedules referenced in these sections , and notify me ( with a cc to steve van hooser ) by 10 : 00 am on july 3 if you are aware of any misstatements or errors concerning these representations , warranties , covenants , or schedules .
please call or email me to discuss or if you have any questions .
best regards ,
jay
jay sonnenberg
bracewell & patterson , l . l . p .
711 louisiana st . , suite 2900
houston , tx 77002 - 2781
( 713 ) 221 - 1417 ( ph )
( 713 ) 221 - 2158 ( fax )
- # 1269388 vl 7 - securities purchase agreement ( aig ) . doc
- # 1270266 vl 0 - exhibits + schedules to aig spa . doc