Footnote 8

1097F. Although the Nile Transaction was related to an agreement designated as a “swap”agreement, the Nile Transaction actually involved payments on disguised loans and the “swap”agreement was not a genuine swap agreement.1097G. CSFB knew or should have known that, under applicable law and/or GAAP, the NileTransaction should have been treated as a borrowing rather than as a sale.1097H. For the foregoing reasons, the Nile Transaction did not constitute a true sale and theNile Transaction should be recharacterized and treated as an unsecured loan transaction.1097I. For the foregoing reasons the Court should determine, and enter an Order declaring,that the Nile Asset was, and any proceeds, products and profits of the Nile Asset are, property of thePlaintiff’s estate under section 541(a) of the Bankruptcy Code.1097J. The Nile Asset was sold in or about 2003. The proceeds were placed in a segregatedaccount from which they could be distributed only pursuant to Court order or with CSFB’s consent(the “Segregated Account”). Defendants CSFB, Pyramid I and Sphinx Trust have refused to consentto allow Plaintiff to take possession of the proceeds of the sale in reliance on purported contractualrights that, for the reasons alleged in this Complaint, they do not genuinely have. Further,Defendants CSFB, Pyramid I and Sphinx Trust have attempted to extract compensation fromPlaintiff in exchange for any agreement to allow Plaintiff to take possession of the proceeds of thesale of the Nile Asset that rightfully belong to Plaintiff.1097K. Because all proceeds, products and profits of the Nile Asset and its sale are propertyof Plaintiff’s estate, the refusal of Defendants CSFB, Pyramid I and Sphinx Trust to permit Plaintiffto take possession of the proceeds, products and profits unjustly enriches those Defendants atPlaintiff’s expense. In equity and good conscience, and in accord with the provisions of theBankruptcy Code, the Court should enter an order directing (a) that all of the proceeds, products andprofits of the Nile Asset or its sale that are currently in the Segregated Account be paid to Plaintiff,604041v1/007457-382-