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/ 5 The NorthColonnadeCanaryWharf
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To:
Attention:
Facsimile Number:
Date:
Reference:
Commodity Swap
CONFIRMATION
The purpose of this facsimile (this "Confirmation") is to confirm the terms and conditions of the Commodity swap transaction entered into between Barclays Bank PLC (London Head Office) ("Barclays") and [ ] (the "Counterparty") on the Trade Date specified below (the "Transaction"). This Confirmation supersedes any previous Confirmation or other written communication with respect to the Transaction described below and evidences a complete binding agreement between you and us as to the terms of the Transaction described below. This Confirmation constitutes a "Confirmation" as referred to in the Agreement specified below.
The definitions and provisions contained in the 2000 ISDA Definitions ("2000 Definitions") and in the 1993 ISDA Commodity Derivatives Definitions as supplemented by the 2000 Supplement (together the "Commodity Definitions", and all together the "Definitions"), each as published by the International Swaps and Derivatives Association, Inc. ("ISDA"), are incorporated into this Confirmation. In the event of any inconsistency between the 2000 Definitions and the Commodity Definitions, the Commodity Definitions will govern. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern for purposes of the Transaction. References herein to a "Transaction" shall be deemed to be references to a "Swap Transaction" for the purposes of the 2000 Definitions. Capitalized terms used in this Confirmation and not defined in this Confirmation or the Definitions shall have the respective meanings assigned in the Agreement. Each party hereto agrees to make payment to the other party hereto in accordance with the provisions of this Confirmation and of the Agreement.
This Confirmation supplements, forms a part of, and is subject to the ISDA Master Agreement dated as of 13 November, 2000, as amended and supplemented from time to time (the "Agreement") between you and us. All provisions contained in the Agreement govern this Confirmation except as expressly modified below.
Barclays Capital - the investment banking division of Barclays Bank PLC. Registered in England 1026167.Registered office 1 Churchill Place, London E14 5HP. Authorised and regulated by the Financial Services Authority and a member of the London Stock Exchange.
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Each party represents to the other party that (absent a written agreement between the parties that expressly imposes affirmative obligations to the contrary):
(a) / Purpose. It is entering into the Transaction for the purposes of hedging its assets or liabilities or in connection with a line of business.The terms of the particular Transaction to which this Confirmation relates are as follows:
Trade Date: / 09 June, 2006
Effective Date: / 01 July, 2006
Termination Date: / 31 July, 2006
Commodity: / Natural Gas - NYMEX
Total Notional Quantity: / 77,500.00 MMBTU
Notional Quantity per Calculation Period: / 2,500.00 MMBTU per calendar day in the Calculation Period
Calculation Period(s): / One period from and including the Effective Date, to and including the Termination Date.
Payment Date(s): / The fifth Business Day following the Pricing Date in the Calculation Period
Business Days: / New York
Rounding: / Accuracy to four (4) decimal places to be used in all calculations.
Fixed Amount Details:
Fixed Price Payer: / Barclays
Fixed Price: / USD 6.2950 per MMBTU
Floating Amount Details:
Floating Price Payer: / Counterparty
Commodity Reference Price: / NATURAL GAS - HENRY HUB - NYMEX
Specified Price: / Settlement price.
Delivery Date(s): / The calendar month and year corresponding to the Calculation Period.
Price Source: / NYMEX
Pricing Date(s): / The last Commodity Business Day on which the relevant Futures Contract is scheduled to trade on the Exchange.
Market Disruption:
Market Disruption Events: / As specified in the Agreement
Disruption Fallbacks: / As specified in the Agreement
Calculation Agent: / As specified in the Agreement
Governing Law: / As specified in the Agreement
Account Details:
Payments to Barclays: / Barclays, New York
SWIFT BARCUS33
Account Barclays Bank PLC Wholesale London (SWIFT BARCGB5G)
Account Number 280231234
Payments to Counterparty: / To be advised separately in writing.
Offices:
Barclays: / Barclays is acting through its London Office for the purposes of this Transaction.
The time of dealing will be confirmed by Barclays Bank PLC upon written request.
Please confirm that the foregoing correctly sets forth all the terms and conditions of our agreement with respect to the Transaction by responding within two (2) Business Days by promptly signing in the space provided below and faxing the signed copy to Barclays, GTD&M Commodities Transaction Documentation & Management Group, toll-free facsimile number 1-866-871-3834 (from USA), or alternatively to the standard facsimile numbers +44 (0)20-7516-7484/ +44 (0)20-7773-6494, telephone +44 (0)20-7773-6472/ 6482. Your failure to respond within such period shall not affect the validity or enforceability of the Transaction as against you. This facsimile shall be the only Confirmation documentation in respect of this Transaction and accordingly no hard copy versions of this Confirmation for this Transaction shall be provided unless the Counterparty requests.
For and on behalf of
BARCLAYS BANK PLC
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NAME
Authorised Signatory
Date: 13/06/2006 / For and on behalf of
Counterparty name
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Authorised Signatory
Name:
Date:
12 June, 2006