Tanya:  I left you a voice mail earlier this week on the single outstanding  issue:  paragraph (B) of our setoff language.
This provision allows the  nondefaulting party to withhold any payment it might owe to the defaulting  party under the master until the nondefaulting party can be certain IN ITS  REASONABLE DISCRETION  that ANY other payments owed to it (under ANY other  agreements between the parties)  by the defaulting party have been paid.
Cargill does not want to "comingle" its business.
Remember, we have already  given in on "affiliate setoff".
[the lawyer never raised the paragraph (B)  issue until this week!]
Also, Cargill has requested that we change our Credit Support Amount  definition (but I provided them with an explanation) AND Cargill has decided  to issue transferable L/C's.
Please let me hear from you so that we can finalize.
I do not know if this  is a deal breaker.

Cargill, Incorporated
Tanya: I left you a voice mail earlier this week on the single outstanding issue: paragraph (B) of our setoff language.
This provision allows the nondefaulting party to withhold any payment it might owe to the defaulting party under the master until the nondefaulting party can be certain IN ITS REASONABLE DISCRETION that ANY other payments owed to it (under ANY other agreements between the parties) by the defaulting party have been paid.
Cargill does not want to "comingle" its business.
Remember, we have already given in on "affiliate setoff".
[the lawyer never raised the paragraph (B) issue until this week!]
Also, Cargill has requested that we change our Credit Support Amount definition (but I provided them with an explanation) AND Cargill has decided to issue transferable L/C's.
Please let me hear from you so that we can finalize.
I do not know if this is a deal breaker.
mail earlier week breaker provision allows nondefaulting defaulting party master paragraph setoff language cargill decided issue affiliate credit support definition tanya left transferable let hear