Footnote 8

Yosemite IV1316. The Insiders did not disclose to Enron that the accounting for the Yosemite IVtransaction, which closed approximately May 24, 2001, was inconsistent with GAAP or otherwisemisleading.1317. The Insiders did not disclose to Enron that the accounting for the Yosemite IVtransaction was inconsistent with GAAP or otherwise misleading at Board meetings in and aroundthe time of the transaction (including meetings on March 16 and May 1, 2001), Finance Committeemeetings in and around the time of the transaction (including a meeting on April 30, 2001), andExecutive Committee meetings in and around the time of the transaction (including a meeting onMarch 12, 2001).1318. Insider Causey did not disclose to Enron that the accounting for the Yosemite IVtransaction was inconsistent with GAAP or otherwise misleading at the Board meeting on May 1,2001, and the Finance Committee meeting on April 30, 2001.1319. Insider McMahon did not disclose to Enron that the accounting for the Yosemite IVtransaction was inconsistent with GAAP or otherwise misleading at the Board meeting on May 1,2001.1320. Insider Fastow did not disclose to Enron that the accounting for the Yosemite IVtransaction was inconsistent with GAAP or otherwise misleading at the Finance Committeemeetings on April 2001 (including in a mention of “certain prepay transactions that wereunderway”) and April 30, 2001, and at the Executive Committee meeting on March 12, 2001.1321. Insider Glisan did not disclose to Enron that the accounting for the Yosemite IVtransaction was inconsistent with GAAP or otherwise misleading in a Finance Committee meetingon March 12, 2001.604041v1/007457-430-