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Footnote 8

Footnote 8

Footnote 8

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of the security interest that is the subject of Count 28A hereof, are referred to herein as the“Barclays 548 Transfers.”906. To the extent Colonnade, Besson Trust and/or JGB Trust are found to be mereconduits of the transfers for which the initial transferees or beneficiaries are marked with an asteriskin the foregoing table, Barclays Bank or Barclays Metals was the initial transferee of those transfersand the other defendants identified in the fourth column of the table were subsequent transferees ofthose transfers.907. Although some of the Barclays 548 Transfers were related to agreements designatedas “swap” agreements, these transfers were actually payments or other transfers on disguised loansand the agreements were not genuine “swaps.”908. To the extent that any of the Barclays 548 Transfers are also included in Count 20as avoidable preferential transfers, those transfers are pled alternatively as fraudulent transfers.909. Enron and/or ENA received less than a reasonably equivalent value from thetransferees in exchange for the Barclays 548 Transfers.910. The Barclays 548 Transfers constitute transfers of interests in property of Enronand/or ENA.911. Each of the Barclays 548 Transfers was made to or for the benefit of the entities listedin the third column of the foregoing table as initial transferees or beneficiaries.912. The Barclays 548 Transfers were made on or within one year before the PetitionDate.913. Upon information and belief, when the Barclays 548 Transfers were made, Enronand/or ENA 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 their604041v1/007457-339-

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