Footnote 8

949. Pursuant to section 553(b) of the Bankruptcy Code, Barclays is liable for the amountby which the Barclays Setoffs enabled it to improve its credit position with respect to Plaintiff in theninety (90) day period preceding the Petition Date.COUNT 28(Recovery of the Barclays Avoidable Transfers)950. The allegations of paragraphs 1 through 949 of this Complaint are incorporatedherein by reference.951. To the extent that the Barclays Preferential Transfers, Barclays 548 Transfers,Barclays 544 Transfers, Barclays Improper Appropriation, non-mutual setoffs, Barclays Setoffs,and/or Postpetition Transfers are avoided under sections 547, 548, 544, 549 or 553(b) of theBankruptcy Code, then, pursuant to section 550 of the Bankruptcy Code, Plaintiff may recover fromthe initial transferee or beneficiary, or from any immediate or mediate transferee, the propertytransferred, or the value of such property, for the benefit of Plaintiff’s estate.COUNT 28A(Avoidance of Unperfected Security Interest in Emission Credits)951A. The allegations of paragraphs 1 through 951 of this Complaint are incorporatedherein by reference.951B. Colonnade filed a Uniform Commercial Code financing statement on September 28,2001 with the Secretary of State for the State of Delaware that refers in one place to collateral of862,504 Emission Credits without specifying any vintage years with respect thereto, and in anotherplace to 757,975 Emission Credits for particular vintage years.951C. In fact, the SO 2 transactions involved 924,582 Emission Credits owned by ENA forvarious vintage years.951D. Colonnade’s alleged security interest in the Emission Credits was unperfected inwhole or in part under applicable state law on the date of the filing of ENA’s chapter 11 petition.604041v1/007457-351-