Dime Bancorp Inc (fka DIMEQ)

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On November 3, 2008, the United States filed a motion for a 90-day stay, explaining that
the identity of the real party in interest was uncertain and seeking a stay pending a determination
on this question by the United States Bankruptcy Court for the District of Delaware in the
Washington Mutual, Inc. bankruptcy action and by the receivership.6 In an opposition to our
motion to stay, Anchor asserted that JPMorgan was the real party in interest.

How's that for fiduciary responsibility?

Although JPMorgan purchased some assets from FDIC-R, JPMorgan did not purchase
the right to pursue Anchor’s claim against the Government under the Anchor goodwill contract.

It is axiomatic that, because FDIC-R did not transfer its Anchor claim to JPMorgan,
JPMorgan is not entitled to the judgment entered in favor of Anchor, nor is it entitled to pursue
Anchor’s claims.

Instead, our understanding is that the general creditors and senior debt holders of
Washington Mutual Bank may be entitled to this judgment, distributed through the receivership.