Footnote 8

765. Upon information and belief, when the Mahonia 548 Commodity Transfers weremade, Enron, ENA and/or ENGM were insolvent, or became insolvent as a result of the transfers;were engaged in business or a transaction, or were about to engage in business or a transaction, forwhich their remaining property was unreasonably small capital; and/or intended to incur, or believedthat they would incur, debts that would be beyond their ability to pay as such debts matured.766. The Mahonia 548 Commodity Transfers are avoidable as fraudulent transfers undersection 548(a)(1)(B) of the Bankruptcy Code.by reference.COUNT 8(Avoidance of the Mahonia 544 Commodity TransfersUnder Section 544 of the Bankruptcy Code and ApplicableState Fraudulent Conveyance or Fraudulent Transfer Law)767. The allegations in paragraphs 1 through 766 of this Complaint are incorporated herein768. Pursuant to Bankruptcy Code section 544(b), Plaintiff has the rights of an existingunsecured creditor of Plaintiff. Section 544(b) permits Plaintiff to assert claims and causes of actionthat such a creditor could assert under applicable state law.769. Enron, ENA and/or ENGM, directly or through a conduit, made the transfers ofbarrels of oil and MMBtu of natural gas identified in the following table, or caused them to be made,to or for the benefit of the transferee on or about the dates specified below:TransferorEnron or ENAor ENGMEnron or ENAor ENGMEnron or ENAor ENGMEnron or ENAor ENGMObligorENGM andEnronENGM andEnronENGM andEnronENGM andEnronInitialTransfereeorBeneficiaryInitialTransferDateSubsequentTransferTransfereesTransaction AmountMahonia JPMC 01/1999 Chase VI 3,565,000 MMBtuMahonia JPMC 02/1999 Chase VI 3,220,000 MMBtuMahonia JPMC 03/1999 Chase VI 3,565,000 MMBtuMahonia JPMC 04/1999 Chase VI 3,450,000 MMBtu604041v1/007457-265-