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

failed to disclose, inter alia, the facts set forth above. As a direct and proximate result of defendants'
acts and omissions in violation of the TSA, the price of the 6.40% Notes and 6.95% Notes was
artificially inflated and the Washington Board and the Note Subclass suffered substantial damage
in connection with their purchase of the 6.40% Notes and 6.95% Notes. By reasons of the conduct
herein alleged, each defendant named herein violated the TSA.
1016.22 On behalf of itself and all members of the Note Subclass, the Washington
Board seeks recission and/or actual damages. The Washington Board, representatively, hereby
tenders to defendants those 6.40% Notes and 6.95% Notes which certain Note Subclass members
continue to hold, on behalf of all members of the Note Subclass who continue to own the Notes, in
return for the consideration paid for those Notes together with interest thereon. As to the 6.40%
Notes and 6.95% Notes that are no longer owned, an award of damages is sought as contemplated
and calculated pursuant to the Tex. Rev. Civ. Stat., art. 581-33.
1016.23 The Washington Board and other members of the Note Subclass purchased
the 6.40% Notes and 6.95% Notes from defendants pursuant to the false and misleading Selling
Documents. The Washington Board did not know, or in the exercise of reasonable diligence could
not have known, of the untruths and omissions contained in the Selling Documents.
1016.24 At the times the Notes were purchased, the Washington Board and other
members of the Note Subclass were without knowledge of the facts concerning the false or
misleading statements or omissions alleged herein.
SIXTH CLAIM FOR RELIEF
For Violation of TSA, Art. 581-33F(1)
(Against Buy, Causey, Fastow, Lay and Skilling)
1016.25 Plaintiff Washington Board repeats and realleges 1-991, 1016.11-1016.24
as set forth above.
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