Footnote 8

Code, those transfers are pled alternatively as fraudulent conveyances or transfers under section 544of the Bankruptcy Code and applicable state law.883. Enron, ENA, and/or ENGM received less than a reasonably equivalent value fromthe transferee in exchange for the Chase 544 Transfers.and/or ENGM.884. The Chase 544 Transfers constitute transfers of interests in property of Enron, ENA885. Each of the Chase 544 Transfers was made to or for the benefit of JPMC, JPMSI,Toronto Dominion Bank, Toronto Dominion Texas, or Fleet as initial transferee or beneficiary.886. Upon information and belief, when the Chase 544 Transfers were made, Enron, ENAand/or ENGM were insolvent, or became insolvent as a result of the transfers; were engaged inbusiness or a transaction, or were about to engage in business or a transaction, for which theirremaining property was unreasonably small capital; and/or intended to incur, or believed that theywould incur, debts that would be beyond their ability to pay as such debts matured.887. The Chase 544 Transfers are avoidable as fraudulent conveyances or fraudulenttransfers under section 544 of the Bankruptcy Code and applicable state law.by reference.COUNT 18(Recovery of the Mahonia Commodity Transfers, the Chase Principaland Interest Transfers, the Chase Purported Margin Transfers,the Mahonia/JPMC Postpetition Transfers, the Chase PreferentialTransfers, the Chase 548 Transfers, and the Chase 544 Transfers)888. The allegations in paragraphs 1 through 887 of this Complaint are incorporated herein889. To the extent that the Mahonia Preferential Commodity Transfers, the Mahonia 548Commodity Transfers, the Mahonia 544 Commodity Transfers, the Chase Preferential Principal andInterest Transfers, the Chase 548 Principal and Interest Transfers, the Chase 544 Principal andInterest Transfers, the Chase Preferential Purported Margin Transfers, the Chase 548 Purported604041v1/007457-333-