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Footnote 8

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TransferorObligorInitialTransfereeorBeneficiarySubsequentTransferee(s)InitialTransferDateTransactionTransferAmountEnron or ENA Enron or ENA TorontoDominionTexas and/orTorontoDominionBank10/19/01 Coal Corp.Letter of Credit$22,750.001128. The transfers identified in the foregoing table, together with any interest, fees, andother payments to or for the benefit of the transferees related to the foregoing transfers, are referredto herein as the “Toronto Dominion 544 Transfers.”1129. To the extent JPMC is found to be mere a conduit of the transfer marked with anasterisk in the foregoing table, Toronto Dominion Texas and/or Toronto Dominion Bank were theinitial transferees of the identified transfer.1130. Although some of the Toronto Dominion 544 Transfers were related to agreementsdesignated as “swap” agreements, these transfers were actually payments on disguised loans and theagreements were not genuine “swaps.”1131. To the extent that any of the Toronto Dominion 544 Transfers are also included inCount 50 or 51 as avoidable preferential transfers or fraudulent transfers under section 548 of theBankruptcy Code, those transfers are pled alternatively as fraudulent conveyances or transfersavoidable under section 544 of the Bankruptcy Code and applicable state law.1132. Enron and/or ENA received less than a reasonably equivalent value from thetransferees in exchange for the Toronto Dominion 544 Transfers.1133. The Toronto Dominion 544 Transfers constitute transfers of interests in property ofEnron and/or ENA.1134. Each of the Toronto Dominion 544 Transfers was made to or for the benefit of theentities listed in the third column of the foregoing table as initial transferees or beneficiaries.604041v1/007457-392-

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