Footnote 8

996. Each of the BT/Deutsche Bank 548 Transfers was made to or for the benefit of theentities listed in the third column of the foregoing table as initial transferees or beneficiaries.Petition Date.997. The BT/Deutsche Bank 548 Transfers were made on or within one year before the998. Upon information and belief, when the BT/Deutsche Bank 548 Transfers were made,Enron and/or ENA were insolvent, or became insolvent as a result of the transfers; were engagedin business 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.999. The BT/Deutsche Bank 548 Transfers are avoidable as fraudulent transfers undersection 548(a)(1)(B) of the Bankruptcy Code.by reference.COUNT 34(Avoidance of the BT/Deutsche Bank 544 Transfers UnderSection 544 of the Bankruptcy Code and Applicable StateFraudulent Conveyance or Fraudulent Transfer Law)1000. The allegations in paragraphs 1 through 999 of this Complaint are incorporated herein1001. 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.1002. Enron and/or ENA, directly or through a conduit, made the transfers identified in thefollowing table, or caused them to be made, to or for the benefit of the transferees on or about thedates specified below:604041v1/007457-361-