- 120 - Nor did petitioner adduce any proof that the interest rate on any of the loans at issue to Radcliffe and BOT that UnionBank had funded87 afforded that bank an opportunity to earn a profit. To the contrary, we have found as a fact that those loan transac- tions did not provide Union Bank with such an opportunity. An officer of Union Bank, Henry Yung, testified generally that that bank tried to make a profit on its loans. However, he did not testify specifically that Union Bank was trying to make a profit on its loans to Radcliffe and BOT. In fact, he wrote the March 3, 1986 letter to Patrick Kwok of Standard Chartered Bank HK, an affiliate of Union Bank, in which he indicated that Union Bank was losing money on the loans to Radcliffe and to BOT that it had funded. That letter further stated that Union Bank was losing money on those loans even when earnings from deposits that were not connected with those loans also were taken into account and that Union Bank nonetheless was willing to renew those loans on terms that would allow it to break even on them. It appears to us that Union Bank's willingness to renew on break-even terms 86(...continued) solely because Union Bank was losing money on a 1.15 percent spread. 87 The rate on the UB $570,000 pre-March 1984 loan, the UB $570,000 renewed loan, the UB $325,000 loan, and the UB $800,000 Radcliffe loan was 1.5 percent in excess of Union Bank's LIBOR or 1 percent in excess of its prime rate or its reference rate. The interest rate on the UB $1,300,000 loan and the UB $1,830,000 loan was 1.15 percent in excess of the interest rate on the certificates of deposit that secured those loans.Page: Previous 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Next
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