Footnote 8

transactions (“Prepay Obligations”). Mahonia/JPMC’s actions included the exercise of improperpostpetition setoffs against the Prepay Collateral.855D. Upon information and belief, subsequent to the Petition Date Mahonia/JPMC appliedor purported to set off the following amounts of Prepay Collateral against the Prepay Obligations:Transaction AmountChase VI $ 2,464,844Chase VII $ 3,406,648Chase VIII $ 14,459,400Chase IX $ 97,829,700Chase X $114,423,299Chase XI $ 47,745,125Chase XII $ 34,537,199855E. The Prepay Collateral was and is property of Plaintiff’s estate.855F. Accordingly, Mahonia/JPMC is in violation of the automatic stay provisions ofsection 362 of the Bankruptcy Code, and the Court should enter an order (a) declaring thatMahonia/JPMC has violated the automatic stay, (b) declaring that all actions taken byMahonia/JPMC in violation of the automatic stay provisions of section 362 of the Bankruptcy Codeare null and void ab initio, and (c) directing Mahonia/JPMC immediately to take all actionsnecessary to restore the parties to their relative positions as they existed on December 2, 2001including, without limitation, turning over and paying to Plaintiff the amounts alleged in paragraph855D.604041v1/007457-327-