Footnote 8

435. Upon information and belief, the Herzeleide October Payment was subsequentlytransferred to Barclays.436. The Herzeleide October Payment, which was paid by Enron or ENA, was in effecta prepayment of interest on the loans that Barclays made to Colonnade to obtain the EmissionCredits that ENA purportedly “sold” to Colonnade.437. Barclays and ENA entered in new swap confirmations, under the existing ISDAMaster Agreement, similar to those in the September Transaction.438. In addition, Barclays and Enron entered into a Charge on Cash Agreement (the“Charge on Cash Agreement”), on or about October 30, 2001, which required Enron to depositFifty-Nine million Five Hundred Thousand Dollars ($59,500,000) with Barclays (the “BarclaysDeposit”) as security for all obligations owing by Enron and its subsidiaries to Barclays and anyother entity in which Barclays had an interest.439. Pursuant to the terms of the Charge on Cash Agreement, Enron deposited theBarclays Deposit with Barclays on or about October 30, 2001.439A. Upon information and belief, the Barclays Deposit accrued interest in the amount of$263,077.05.440. Barclays applied the Barclays Deposit and the accrued interest as follows:(a)Forty-Five million Six Hundred Two Thousand Two Hundred Ninety-FiveDollars ($45,602,295) was applied against the early termination amount allegedly owed by ENA toBarclays as a result of the early termination of the entire Barclays/ENA swap book;(b)Ten million One Hundred Sixty-Three Thousand Ninety-Two Dollars andTwenty-Three Cents ($10,163,092.23) was applied to ENA’s alleged obligations to the Besson Trust(relating to the Nikita transaction);604041v1/007457-144-