Footnote 8

378D. In late November 2001, JPMC declared a default under the Chase XII prepay anddrew down on the JPMC L/C. The effect of JPMC’s draw was to shift potential losses in connectionwith the Chase XII prepay to other banks that were parties to the JPMC Reimbursement Agreement.378E. On information and belief, on December 5, 2001, JPMC or Mahonia made demandon West LB London for the full amount of the West LB Mahonia L/C. On information and belief,West LB London subsequently paid no less than $165 million to JPMC or Mahonia under the WestLB Mahonia L/C. This payment paid an amount allegedly due from Enron in connection with itsguaranty of the Chase XII prepay. On or about August 17, 2004, West LB London filed an amendedproof of claim (the “West LB Claim”) based on the West LB Mahonia Reimbursement Agreementfor reimbursement of its payment in connection with the West LB Mahonia L/C.(3) FAS 140 transactions.(a)Hawaii379. Although Chase was not a major participant in the FAS 140 transactions, it did takea $20 million participation interest in Hawaii, on which CIBC was the lead lender. The Hawaiitransactions are described in paragraphs 522 through 526 below.380. Chase knowingly facilitated the Insiders’ manipulation of Enron’s financialstatements by participating in the Hawaii transactions. Chase knew Enron was supporting the loanthrough a total return swap that provided the lenders with assurance of payment similar to an Enronguaranty. Chase also knew that the Insiders would not account for the guaranty on Enron’s financialstatements, as GAAP required. Despite that knowledge, Chase facilitated the transactions byparticipating in them. Without Chase’s participation, the Hawaii transactions would not have closed.(b)Fishtail381. In December 2000, Chase knowingly facilitated the Insiders’ manipulation of Enron’sfinancial statements by participating in the Fishtail transaction. Fishtail, which began life as Grinch,604041v1/007457-127-