Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv—01266-SLR Document 265-8 Filed 05/23/2006 Page 1 of 2

Case 1 :04-cv-01266-SLR Document 265-8 Filed 05/23/2006 Page 2 of 2
· _ March 20, 2002
Jean, I
Siim asked me to follow-up with you on the following items while he is on vacation.
l. Update the -1998 LD Toll cost and margin story (see Tab A)
• Actuai costs for 2001 include all operating costs, cash and non-cash, on a fully
distributed basis (i.e. includes all overheads however, excludes items below net V
operating revenue such as financing costs and income taxes). »
2. Provide back-up to D&T fees for 2001 and 2000 (see Tab B)
3. Review wording in the management representation letter relating to Teleglobe funding,
{see Tab C)
• In order to avoid a going concern note in the year—end audited financial
statements we must represent to D&T our belief that the company has sufficient
sources of funding to meet its financial obligations as they become due over the
next twelve months. Paragraph 30 is making this representation. ¤ ‘
‘ • I understand from Siim that it is the last sentence of this paragraph that concerns I
I _ you. I am not sure I understand your concern and would make a couple of
comments (a) this is a representation at a point in time and can change _
subsequently (b) the paragraph provides no indication of a BCE timding
i committment beyond the Cdn$IB (c) what I read the last sentence to mean is that
" the funding commitment of BCE (Cdn$1B), the expectation of renewing the
credit facility at its full amount and other potential sources of timding are
suttiicient to cover Teleglcbe’s obligations over the next twelve months. ·
I I have also enclosed two additional management representation letters which require your ‘
signature. These letters are merely updates of letters we originally signed (dated February
S"') and result from the February 14* tiling of prospectuses relating to Series AA preferred _
p shares and the MTN $1B sheli (see Tab D)
ip Please do not hesitate to contact should you wish to discuss any of the above items, and in -
particular point 3. ‘
g Yours truly, _
E
_ i
c.c. Michael Sabia ’ ‘
` Slim Vanaselj a ' ` j
Con§identiaI—~For Attorneys Eyes Only BCE-/\D 0368215 Z