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Enron Corp. - University of California | Office of The President

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instance:<br />

5/00 $500 million 8.375% <strong>Enron</strong> notes due 2005<br />

2/00 $1.9 billion <strong>Enron</strong> zero coupon convertible notes<br />

777. In addition, Bank America acted as underwriter <strong>of</strong> other <strong>Enron</strong>-related securities. For<br />

DATE SECURITY<br />

12/98 $175 million 6% <strong>Enron</strong> Oil & Gas notes<br />

7/99 27 million common shares <strong>Enron</strong> Oil & Gas at $20.25 per share<br />

7/01 Marlin Water Trust II, Marlin Water Capital <strong>Corp</strong>. II $475,000,000<br />

6.31% Senior Secured Notes; and i515,000,000 6.19% Senior<br />

Secured Notes<br />

778. Bank America also acted as a lead underwriter in the Azurix IPO on 10/4/00, selling<br />

38.5 million shares at $19, generating $370 million in fresh capital for <strong>Enron</strong>, which sold at least<br />

19.5 million shares <strong>of</strong> Azurix stock in that IPO.<br />

779. During the Class Period, Bank America was one <strong>of</strong> the principal commercial lending<br />

banks to <strong>Enron</strong>, acting with CitiGroup and JP Morgan on <strong>Enron</strong>'s main credit facilities, participating<br />

in over $4 billion in loans and credit facilities to <strong>Enron</strong> or <strong>Enron</strong>-related entities. For instance:<br />

DATE TRANSACTION<br />

9/98 $1 billion <strong>Enron</strong> credit facility to back up <strong>Enron</strong> commercial paper<br />

7/01 $582 million project credit facility<br />

8/01 $3 billion <strong>Enron</strong> credit facility to back up <strong>Enron</strong> commercial paper<br />

6/02 $457 million loan to finance Dabhol power plant<br />

780. Bank America was willing to engage and participate in the ongoing fraudulent scheme<br />

because such participation created enormous pr<strong>of</strong>its for Bank America as long as the <strong>Enron</strong> scheme<br />

continued in operation – something that Bank America was in a unique position to help occur.<br />

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