auction employment agreements condition precedents following e mail confirm understanding following verbal assurances provided part intent conditions signing contingent employment agreement retention package related sale enron gas power trading business enron trading business new entity new entity purchases enron trading business contingent employment agreement executed january 5 2002 becomes valid binding agreement enron management initiate lawsuit recover 2001 performance bonus payments enron purchaser enron trading business seek approval bankruptcy judge 2001 performance bonus payments eliminate future uncertainty respect validity payments extent total retention available enron trading business employees increased current levels leading bidder january 5 2002 intent enron senior management make upward adjustment individual employees committed new entity employee maintains substantially similar percentage total pool retention