Trustee evidence room, existing exposure, as of 2 April 2001

Enron Corp.: what the fiscal 2000 excerpts can and cannot carry

One source, EN1: the Form 10-K filed on . No later events or evidence are used. Amounts in USD millions unless marked as shares.

The trustee's call

ABSTAINNo affirmative hold, no exit order, no new capital. Position under review.

The trustee abstains from both an affirmative HOLD and an EXIT on this packet. No new capital is committed. The existing position is formally placed under review, and the documents listed as unknowns are requested before any capital decision.

Abstaining is not a finding that the position is sound. It records that two decision-critical inputs, the size of the obligation-linked cash receipt and the Entities' capacity to pay Enron, cannot be established from these excerpts.

This call makes no forecast of Enron's share price, earnings or credit. It rests only on what the 2 April 2001 excerpts do and do not state.

Moves to HOLD only if all of these are shown

  • The full cash flow statement and MD&A quantify the obligation-linked receipt and the omitted rows, and the receipt is at most 2,031, so that 2000 operating cash after removing it and the working-capital release still covers reported net income of 979.
  • Financial statements of the Entities show resources other than Enron stock and Enron notes sufficient to meet the hedges behind the roughly 500 of revenue and the 1,200 special distribution notes.
  • Guarantee overlaps (R06 to R10) and the value of EOTT collateral are disclosed.

Moves to EXIT if any of these is shown

  • The obligation-linked receipt exceeds 2,031, so 2000 operating cash excluding it and the working-capital release falls below reported net income.
  • The Entities' ability to pay Enron depends mainly on Enron stock or Enron notes.
  • The requested documents are not provided by the trustee's review date.

The threshold above is computed: 2000 operating cash excluding working capital (3,010) less net income (979) leaves 2,031. The threshold treats the receipt as separate from the working-capital line; the excerpt does not say which line holds it. If it sits inside working capital, the test is run on the full F-6 instead.

Why, stated so it can be checked

From earnings to operating cash, 2000

Net income of $979m became reported operating cash of $4,779m. The gap of $3,800m is traced line by line. Working capital alone supplied 37.0% of the total, and the unitemised other line 23.3%. Operating cash is not recurring distributable cash: that figure is unknown on this packet.

  1. Net income979Accrual earnings, the starting point.
  2. Depreciation, depletion and amortization+855Non-cash charge added back. It recurs with the asset base, but it is not spare cash: assets wear out and capital spending was 2,381 in 2000.
  3. Impairment of long-lived assets+326Non-cash write-down added back. It occurred in 2000 and 1999; it does not measure cash generated by operations.
  4. Change in working capital+1,769Timing. Cash released from receivables, payables and similar balances. Prior years absorbed cash, and a release reverses if balances rebuild.
  5. Net assets from price risk management−763Removes trading gains recorded in earnings but not yet received in cash.
  6. Merchant investments: realized gains−104Removes gains already in earnings so the sale proceeds below are counted once.
  7. Merchant investments: sale proceeds+1,838Cash from selling investments, classified as operating. It depends on continuing to sell assets.
  8. Merchant investments: additions and unrealized gains−1,295Cash spent on new merchant investments plus removal of unrealized gains.
  9. Other operating activities+1,113Not itemised in the excerpt. Its composition is unknown; the excerpt does not say whether the obligation-linked receipt sits here.
  10. Rows omitted from the excerpt+61The excerpt omits some F-6 rows. This is the gap between the listed rows and the reported total; its composition is unknown.
  11. Reported operating cash, 20004,779As reported on F-6. Equals listed rows 4,718 plus omitted rows.

Bars share one scale from zero to 5,000. Filled blue adds cash, outlined red subtracts, hatched is unexplained by the excerpt. EN1, Consolidated statement of cash flows, F-6, Form 10-K filed , SEC EDGAR

Earnings plus non-cash charges2,160
Working capital release1,769
Trading and merchant portfolio, net−324
Other operating activities1,113
Rows omitted from excerpt61

The most consequential disclosed uncertainty

Related-party hedges, Note 16

About $500m of recognized 2000 revenue and $1,200m of notes receivable depend on Entities whose general partner's managing member is a senior Enron officer. Enron's own notes ($200m delivered in total) and its own shares are among the assets it contributed to them. The excerpt states no other capital of the Entities, so their capacity to pay Enron is not established.

Enron recognized revenues of approximately $500 million related to the subsequent change in the market value of these derivatives, which offset market value changes of certain merchant investments and price risk management activities.

EN1, Note 16, Related Party Transactions, Form 10-K filed , SEC EDGAR

A second gap sits in the cash bridge: MD&A credits part of the 2000 increase of $3,551m to cash received for assuming a contractual obligation, amount not given (register line R21).

Net income against operating cash, as reported

Net income and operating cash, 1998 to 2000, USD millionsNet income 703, 893, 979; operating cash 1,640, 1,228, 4,779 for 1998, 1999, 2000. Zero baseline. Source EN1, Form 10-K filed 2 April 2001.01,0002,0003,0004,0005,000USD millionsNet incomeOperating cashNet income 1998: 703 USD millions (EN1)703Operating cash 1998: 1,640 USD millions (EN1)1,6401998Net income 1999: 893 USD millions (EN1)893Operating cash 1999: 1,228 USD millions (EN1)1,2281999Net income 2000: 979 USD millions (EN1)979Operating cash 2000: 4,779 USD millions (EN1)4,7792000EN1 F-4, F-6
USD millions, zero baseline, same scale for every bar. Values as reported: EN1, F-4 and F-6, Form 10-K filed , open source. The 2000 bar includes the working-capital release and unitemised other activity shown in the bridge.

All three years, line by line

Operating cash bridge by year, USD millions
Line200019991998Reading
Net income979893703F-4 and F-6 agree.
Depreciation, depletion and amortization855870827Non-cash charge added back. It recurs with the asset base, but it is not spare cash: assets wear out and capital spending was 2,381 in 2000.
Impairment of long-lived assets3264410Non-cash write-down added back. It occurred in 2000 and 1999; it does not measure cash generated by operations.
Change in working capital1,769−1,000−233Timing. Cash released from receivables, payables and similar balances. Prior years absorbed cash, and a release reverses if balances rebuild.
Net assets from price risk management−763−395350Removes trading gains recorded in earnings but not yet received in cash.
Merchant investments: realized gains−104−756−628Removes gains already in earnings so the sale proceeds below are counted once.
Merchant investments: sale proceeds1,8382,2171,434Cash from selling investments, classified as operating. It depends on continuing to sell assets.
Merchant investments: additions and unrealized gains−1,295−827−721Cash spent on new merchant investments plus removal of unrealized gains.
Other operating activities1,113174−97Not itemised in the excerpt. Its composition is unknown; the excerpt does not say whether the obligation-linked receipt sits here.
Sum of listed rows4,7181,6171,635Computed.
Rows omitted from excerpt61−3895Reported total less listed rows; composition unknown.
Reported operating cash4,7791,2281,640As reported.
Capital expenditures−2,381−2,363−1,905Investing section, F-6.
Operating cash less capital spending2,398−1,135−265Computed. Not distributable cash: maintenance share of spending is not stated.
Operating cash excluding working capital3,0102,2281,873Computed.
Net cash used in investing−4,264−3,507−3,965As reported.
Operating cash less net investing515−2,279−2,325Computed. A shortfall was met from financing, which the excerpt does not show.

EN1, Consolidated statement of cash flows, F-6, Form 10-K filed , SEC EDGAR

What changed between 1999 and 2000

Operating cash rose 3,551, matching the MD&A figure. By line:

Three years combined, 1998 to 2000

Reading desk: filing language beside its consequence

Each passage below is quoted from the filing and paired with the specific ledger or cash-flow line it changes.

All passages are shown in full below.

Cash received with an obligation

The filing says

Net cash provided by operating activities increased $3,551 million in 2000, primarily reflecting decreases in working capital, positive operating results and a receipt of cash associated with the assumption of a contractual obligation.

EN1, Management's discussion, liquidity, Form 10-K filed , read in the filing

Line affected

R21 Cash received for assuming a contractual obligation: amount unknown (operating cash inflow tied to an assumed obligation)

What it implies

Part of the 2000 operating cash came with a new obligation attached, so the 4,779 cannot be read as recurring cash. If the receipt exceeds 2,031, operating cash excluding the working-capital release falls below reported net income of 979.

What it does not establish

The amount, which cash-flow line holds it, or the size and term of the obligation.

Working-capital release

The filing says

Changes in components of working capital 1,769 (1,000) (233)

Net Cash Provided by Operating Activities 4,779 1,228 1,640

EN1, Consolidated statement of cash flows, F-6, Form 10-K filed , read in the filing

Line affected

2000 operating cash, working capital line: 1,769 of 4,779

What it implies

1,769 of the 2000 operating cash came from shrinking working capital, after the prior two years absorbed cash. A release of this kind reverses if balances rebuild, so this line is not recurring.

What it does not establish

Which balances moved, or whether the obligation-linked receipt is part of this line.

Related-party derivative revenue

The filing says

Enron recognized revenues of approximately $500 million related to the subsequent change in the market value of these derivatives, which offset market value changes of certain merchant investments and price risk management activities.

EN1, Note 16, Related Party Transactions, Form 10-K filed , read in the filing

Line affected

R17 Revenue from change in value of those derivatives: 500 (recognized revenue (mark-to-market))

What it implies

About 500 of 2000 revenue came from marking contracts with the Entities to market. Recognized revenue is not cash, and the excerpt does not say any of it was paid.

What it does not establish

Cash received, or the net effect on the 979 net income after the stated offsets.

What Enron put into the Entities

The filing says

Enron (i) contributed to newly-formed entities (the Entities) assets valued at approximately $1.2 billion, including $150 million in Enron notes payable, 3.7 million restricted shares of outstanding Enron common stock and the right to receive up to 18.0 million shares of outstanding Enron common stock in March 2003 (subject to certain conditions)

EN1, Note 16, Related Party Transactions, Form 10-K filed , read in the filing

Line affected

R11 Assets Enron contributed to the Entities: 1,200 (related-party asset contribution)

What it implies

Enron's own notes and shares are among the assets standing behind the counterparty to its hedges. The excerpt states no other capital of the Entities, so their capacity to pay Enron when hedged values fall is not established.

What it does not establish

How the 1,200 was valued or what share of it is Enron stock.

Notes Enron received

The filing says

In return, Enron received economic interests in the Entities, $309 million in notes receivable, of which $259 million is recorded at Enron's carryover basis of zero, and a special distribution from the Entities in the form of $1.2 billion in notes receivable, subject to changes in the principal for amounts payable by Enron in connection with the execution of additional derivative instruments.

EN1, Note 16, Related Party Transactions, Form 10-K filed , read in the filing

Line affected

R15 Special distribution notes receivable: 1,200 (related-party receivable)

What it implies

1,200 of special distribution notes have a principal that moves with what Enron owes on new derivatives, and 259 of the 309 other notes carry zero basis. The recorded value of these receivables is not stated.

What it does not establish

Year-end balances, balance-sheet presentation, or collectability.

Notional of the hedges

The filing says

In 2000, Enron entered into derivative transactions with the Entities with a combined notional amount of approximately $2.1 billion to hedge certain merchant investments and other assets.

EN1, Note 16, Related Party Transactions, Form 10-K filed , read in the filing

Line affected

R16 Derivatives with the Entities, notional: 2,100 (derivative notional)

What it implies

2,100 is a reference amount used to calculate payments. It is not cash, not a receivable, and not a ceiling on loss.

What it does not establish

Fair value, amounts owed by either side, or credit exposure.

Guarantees of affiliates' liabilities

The filing says

In addition, Enron is a guarantor on certain liabilities of unconsolidated equity affiliates and other companies totaling approximately $1,863 million at December 31, 2000, including $538 million related to EOTT trade obligations.

The EOTT letters of credit and guarantees of trade obligations are secured by the assets of EOTT.

Management does not consider it likely that Enron would be required to perform or otherwise incur any losses associated with the above guarantees.

EN1, Note 15, Commitments, Form 10-K filed , read in the filing

Line affected

R08 Guarantees of affiliate and other liabilities: 1,863 (contingent guarantee)

What it implies

About 1,863 is contingent: a guarantee, not funded debt. Management's view that performance is unlikely is a judgment, and the only collateral named is EOTT's assets for the EOTT portion.

What it does not establish

The guaranteed parties' finances, the value of EOTT's assets, or overlap with the letter of credit guarantees.

Lease guarantees and indemnity

The filing says

Guarantees under the leases total $556 million at December 31, 2000.

Enron has also guaranteed $386 million in lease obligations for which it has been indemnified by an "Investment Grade" company.

EN1, Note 15, Commitments, Form 10-K filed , read in the filing

Line affected

R06 Guarantees under the leases: 556 (contingent guarantee)

What it implies

556 of lease guarantees and 386 of indemnified lease guarantees are both contingent, and their overlap is not stated, so they are not added together.

What it does not establish

Who the indemnitor is, or the value of the leased assets.

Who runs the counterparty

The filing says

In 2000 and 1999, Enron entered into transactions with limited partnerships (the Related Party) whose general partner's managing member is a senior officer of Enron.

Management believes that the terms of the transactions with the Related Party were reasonable compared to those which could have been negotiated with unrelated third parties.

EN1, Note 16, Related Party Transactions, Form 10-K filed , read in the filing

Line affected

Note 16 lines R11 to R20, including the dark fiber sale (R19)

What it implies

Every Note 16 line depends on a counterparty whose general partner's managing member is an unnamed senior officer. Management asserts the terms were reasonable; the excerpt offers no independent evidence of price.

What it does not establish

Who the officer is, what the officer earned from the Related Party, or what approvals were given.

Exposure and uncertainty ledger

No total is computed across reported debt, undiscounted commitments, contingent guarantees, derivative notional, receivables and recognized revenue. They measure different things and the excerpts do not state their overlaps. Reported short and long-term debt is the only sum shown, because both lines are the same kind of recognized liability: $10,229m at the end of 2000 against $8,152m a year earlier, a rise of $2,077m.

Exposure register, USD millions
Item and sourceClass and periodUSD millionsOverlap and conditionsDoes not establish
Reported debt and debt-like securities
R01 Short-term debtEN1, Consolidated balance sheet, F-5, liabilities, Form 10-K filed , sourcereported debtAt 31 Dec 2000 (1999 comparative)Certainty: recognized1,679reported1999: 1,001May or may not include the Enron notes payable delivered to the Entities (R12); the excerpt does not say. Terms, rates and maturities are not in the excerpt.Due dates, interest cost, covenants or acceleration terms; whether related-party notes are inside it.
R02 Long-term debtEN1, Consolidated balance sheet, F-5, liabilities, Form 10-K filed , sourcereported debtAt 31 Dec 2000 (1999 comparative)Certainty: recognized8,550reported1999: 7,151Same open question as R01 for the related-party notes (R12). Maturity schedule not in the excerpt.Maturity profile, refinancing needs or any rating-linked terms; fair value.
R03 Preferred securities of subsidiariesEN1, Consolidated balance sheet, F-5, liabilities, Form 10-K filed , sourcehybrid preferred securityAt 31 Dec 2000 (1999 comparative)Certainty: recognized904reported1999: 1,000Shown apart from the debt lines; not added to R01 or R02 here. Dividend, redemption and ranking terms are not in the excerpt.Whether holders' claims behave like debt in a downturn; cost or maturity.
Undiscounted future commitments
R04 Firm transportation paymentsEN1, Note 15, Commitments, Form 10-K filed , sourceundiscounted future commitment2001 to 2005 and later yearsCertainty: contractual commitment (undiscounted)877computed from reported figuresCounterparties include joint venture pipelines; overlap with other notes is not stated. Minimum monthly payments; schedule 2001 91, 2002 88, 2003 89, 2004 85, 2005 77, later 447.Present value; a recognized liability; whether payments to joint venture pipelines are related-party flows.
R05 Operating lease and related commitmentsEN1, Note 15, Commitments, Form 10-K filed , sourceundiscounted future commitment2001 to 2005 and later yearsCertainty: contractual commitment (undiscounted)764computed from reported figuresLeases carry residual value guarantees (R06); whether those sit inside these amounts is not stated. Schedule 2001 123, 2002 98, 2003 69, 2004 66, 2005 49, later 359; renewal and purchase options exist.Present value; a recognized liability; the cost of exercising purchase options.
Contingent guarantees (not funded debt)
R06 Guarantees under the leasesEN1, Note 15, Commitments, Form 10-K filed , source Filing languagecontingent guaranteeAt 31 Dec 2000Certainty: contingent556reportedRelation to R05 commitments and to the indemnified lease guarantees (R10) is not stated; not additive. Payable only if lease residual values or lessee performance fall short.Probability, timing or size of any call; the value of the leased assets.
R07 Letter of credit performance guaranteesEN1, Note 15, Commitments, Form 10-K filed , sourcecontingent guaranteeAt 31 Dec 2000Certainty: contingent264reportedIncludes 103 for EOTT (see R09). Called only if an unconsolidated equity affiliate fails to perform; EOTT portion secured by EOTT assets.Likelihood of a call; collateral value; which affiliates are covered beyond EOTT.
R08 Guarantees of affiliate and other liabilitiesEN1, Note 15, Commitments, Form 10-K filed , source Filing languagecontingent guaranteeAt 31 Dec 2000Certainty: contingent1,863approximateIncludes 538 of EOTT trade obligations (see R09); overlap with R07 is not stated. Payable if the guaranteed parties default. Management says performance is not likely.That any payment is due; a loss estimate; the guaranteed parties' finances; whether management's likelihood judgment holds.
R09 EOTT portion of R07 and R08EN1, Note 15, Commitments, Form 10-K filed , source Filing languagecontingent guaranteeAt 31 Dec 2000Certainty: contingent641computed from reported figuresA subset of R07 and R08, never added to them. Secured by the assets of EOTT.The value of EOTT's assets relative to these obligations.
R10 Lease obligations guaranteed, with indemnityEN1, Note 15, Commitments, Form 10-K filed , source Filing languagecontingent guaranteeAt 31 Dec 2000Certainty: contingent386reportedOverlap with R06 is not stated; not additive. Enron is indemnified by an unnamed company described as "Investment Grade".Who the indemnitor is or whether the indemnity would be paid.
Related-party items, Note 16
R11 Assets Enron contributed to the EntitiesEN1, Note 16, Related Party Transactions, Form 10-K filed , source Filing languagerelated-party asset contributionDuring 2000Certainty: disclosed transaction, valued by Enron1,200approximateIncludes the 150 Enron notes in R12. In return Enron received R14, R15 and R20 for this and R13 together; the excerpt does not pair items one to one. Included 3.7 million restricted Enron shares and a right to up to 18.0 million Enron shares in March 2003, subject to conditions.How the 1,200 was valued; what share of it is Enron's own stock; what other capital the Entities hold.
R12 Enron notes payable delivered to the EntitiesEN1, Note 16, Related Party Transactions, Form 10-K filed , source Filing languagerelated-party note payableDuring 2000Certainty: disclosed; balance-sheet line unknown200computed from reported figures150 within R11 plus 50 within R13; may sit inside R01 or R02, not stated. Terms not in the excerpt.Rate, maturity, or whether these notes are counted in reported debt.
R13 Assets Enron transferred to the EntitiesEN1, Note 16, Related Party Transactions, Form 10-K filed , sourcerelated-party asset transferDuring 2000Certainty: disclosed transaction, valued by Enron309approximateIncludes the 50 note payable in R12. Received in return together with R11: R14, R15 and R20; not paired one to one. Included an investment holding warrants on an Enron equity method investee.Valuation basis or the gain or loss recognized on transfer.
R14 Notes receivable from the EntitiesEN1, Note 16, Related Party Transactions, Form 10-K filed , source Filing languagerelated-party receivableDuring 2000Certainty: disclosed; carrying value partly zero, rest unknown309reported259 of the 309 is recorded at a carryover basis of zero; the basis of the rest is not stated. Repayment depends on the Entities.Carrying value of the whole; collectability; maturity.
R15 Special distribution notes receivableEN1, Note 16, Related Party Transactions, Form 10-K filed , source Filing languagerelated-party receivableDuring 2000Certainty: disclosed; carrying value unknown1,200reportedPrincipal changes with amounts Enron owes on new derivatives; a notes receivable balance was cut by 36 for premiums (R18). Principal is variable by contract.Year-end balance, balance-sheet presentation, collectability, or whether it is cash.
R16 Derivatives with the Entities, notionalEN1, Note 16, Related Party Transactions, Form 10-K filed , source Filing languagederivative notionalDuring 2000Certainty: notional reference amount2,100approximateReference amount for R17 revenue; not additive to anything. Hedges of merchant investments and other assets.Cash, fair value, amounts owed by either side, or credit exposure.
R17 Revenue from change in value of those derivativesEN1, Note 16, Related Party Transactions, Form 10-K filed , source Filing languagerecognized revenue (mark-to-market)Fiscal 2000Certainty: recognized500approximateOffsets value changes on merchant investments and price risk management activities. Realisation depends on the Entities paying.Cash received; net effect on the 979 net income after offsets; the counterparty's capacity to pay.
R18 Premiums owed on derivativesEN1, Note 16, Related Party Transactions, Form 10-K filed , sourcerelated-party obligation settled against receivableFiscal 2000Certainty: recognized36reportedNetted against a notes receivable balance (R14 or R15; which one is not stated). Further derivative executions can change R15 principal.Total premiums due over the contracts' lives.
R19 Dark fiber sale to the Related PartyEN1, Note 16, Related Party Transactions, Form 10-K filed , source Filing languagerelated-party saleFiscal 2000Certainty: recognized100computed from reported figures30 cash plus a 70 note later repaid; gross margin 67. Note repaid per filing.That the price matched an arm's-length price; which revenue line holds it.
R20 Economic interests in the EntitiesEN1, Note 16, Related Party Transactions, Form 10-K filed , sourcerelated-party equity interestDuring 2000Certainty: unknownUnknownNot stated in the excerptReceived together with R14 and R15 for R11 and R13. Value depends on the Entities' assets, including Enron stock.Any amount; the excerpt gives none.
Cash flow tied to an obligation
R21 Cash received for assuming a contractual obligationEN1, Management's discussion, liquidity and capital resources, Form 10-K filed , source Filing languageoperating cash inflow tied to an assumed obligationFiscal 2000Certainty: unknownUnknownNot stated in the excerptInside the 4,779 operating cash; which line is not stated. Cash came in with an obligation attached.The amount, the obligation's size or term, or whether it recurs. Debt-like character is possible but not established.

Unknowns and the documents to request before committing capital

UnknownAffectsDocument to request
U1 Composition of cash-flow rows omitted from the excerptBridge residuals for 2000, 1999 and 1998Complete consolidated statement of cash flows (F-6) in the 10-K
U2 Amount, line and terms of the cash received for assuming a contractual obligationR21; 2000 operating cashFull MD&A liquidity section and the underlying contract or management schedule
U3 The Entities' capital, liabilities and ability to pay Enron; conditions on the March 2003 share rightR11, R14 to R17, R20Audited financial statements and partnership agreements of the Entities, and board approval records for the transactions
U4 Whether the 200 of Enron notes delivered to the Entities are inside reported debtR01, R02, R12Debt footnote with a full schedule of notes payable
U5 Carrying value and presentation of the 309 and 1,200 notes receivableR14, R15Balance sheet detail for related-party receivables and the auditor's related-party workpaper summary
U6 Net income effect and cash settlement of the roughly 500 derivative revenue after offsetsR17; 2000 net incomeDerivative and price risk management footnotes with counterparty detail
U7 Overlap among guarantees and with lease commitments; EOTT collateral valueR05 to R10Full guarantee schedule from Note 15 and EOTT Energy Partners' latest annual report
U8 Identity of the senior officer and the controls applied to the transactionsR11 to R20Proxy statement and board minutes approving the Related Party transactions
U9 Debt maturities and any acceleration or rating-linked provisionsR01 to R03Long-term debt footnote and credit agreements
U10 Recurring distributable cashWhole reconciliationSplit of capital spending into maintenance and growth, and dividend and financing detail

Named persons

No individual is named. The Related Party's general partner's managing member is described only as a senior officer of Enron; this analysis does not identify that person. The exact statement:

In 2000 and 1999, Enron entered into transactions with limited partnerships (the Related Party) whose general partner's managing member is a senior officer of Enron.

EN1, Note 16, Related Party Transactions, Form 10-K filed , SEC EDGAR

Limits of this analysis: Does not assess whether any consolidation rule was met. Does not identify the unnamed senior officer. Does not treat this filing as evidence of any later outcome.

Sources

  1. EN1. Enron Corp. fiscal 2000 Form 10-K. SEC EDGAR. Filed . Sections used: Consolidated income balance sheet cash flows; MD&A; Notes 15 and 16. Open the filing on SEC EDGAR.

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