Footnote 8

COUNT 67(Recovery of the Challenged Transaction Obligations; Unjust Enrichment)1235. The allegations in paragraphs 1 through 1234 of this Complaint are incorporatedherein by reference.1236. To the extent that the Challenged Transaction Obligations are avoided underBankruptcy Code sections 544 or 548, then, pursuant to Bankruptcy Code section 550, Plaintiff mayrecover from the beneficiaries of the Challenged Transaction Obligations, or from any immediateor mediate transferee, for the benefit of Plaintiff’s estate, any property transferred by reason of theChallenged Transaction Obligations, or the value of such property, including: (a) the$487,184,842.01 identified in paragraph 729, which represents the portion of the draw on theNahanni L/C that Enron transferred to West LB NY for the benefit of CXC; and (b) any paymentby Plaintiff to JPMC or Mahonia in connection with the Chase XII prepay, including any paymentmade indirectly through West LB London.1236A. Because Plaintiff incurred any obligation to obtain, or reimburse payments under,the West LB Mahonia L/C in connection with an improper prepay transaction that was designed andfacilitated by JPMC and Mahonia, and because any obligations Plaintiff incurred in connection withthe Chase XII prepay were fraudulent transfers or conveyances, any payment from Plaintiff to orfor the benefit of JPMC or Mahonia in connection with the Chase XII prepay unjustly enriches thoseDefendants at Plaintiff’s expense. In equity and good conscience, and in accord with the provisionsof the Bankruptcy Code, the Court should enter an order directing JPMC and Mahonia to disgorgeto Plaintiff the amount of any payment from Plaintiff to or for the benefit of JPMC or Mahonia inconnection with the Chase XII prepay, including any payment made indirectly through West LBLondon.604041v1/007457-406-