- 125 - there is no evidence in the record, that the purpose of Radcliffe and of BOT for using cash as collateral for the Bangkok Bank LA branch and Union Bank loans at issue was to obtain lower interest rates on any of those loans.91 Based on our review of the entire record in these cases, petitioner has failed to persuade us that the Bank transactions took the form they did because, by using cash as collateral for the loans at issue from the U.S. banks in question, Radcliffe and BOT were able to obtain lower interest rates on those loans than would have been charged had those loans been secured by second deeds of trust on real estate.92 90(...continued) interest rate on any of those loans. This is because, to the extent the record shows such interest rates, they were the same. 91 In fact, the record does not indicate that petitioner even investigated whether to place additional encumbrances on the respective real estate held by NMSC and by 300 Montgomery As- sociates before arranging the pledges of cash deposits that, in form, collateralized the Bank loans. 92 A further circumstance weighing against that purported pur- pose for the form of those transactions is Radcliffe's request that Bangkok Bank LA branch raise the interest rate on BB Loan No. 2. After the Traveluck $1,625,000 CD was replaced by the Double Wealth $1,625,000 CD as security for that loan in July 1985, Bangkok Bank LA branch issued to Double Wealth two succes- sive one-month certificates of deposit that matured in August and September 1985, respectively, and that bore interest at the rate of 7 percent, which was .5 percent below the 7.5 percent interest rate on BB Loan No. 2 during that time. Records of Bangkok Bank LA branch indicate that, by telex dated Aug. 17, 1985, Bangkok Bank HK branch informed Bangkok Bank LA branch that Radcliffe preferred to have the interest rate on BB Loan No. 2 set at 8.25 percent until that loan was due on June 11, 1986. That cir- cumstance indicates that Radcliffe did not seek to minimize the (continued...)Page: Previous 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Next
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