- 126 - With respect to petitioner's second contention (viz., the use of cash collateral for the loans at issue from the U.S. banks in question obviated the need to obtain the consent of Mr. Jee in order to encumber those partnerships' assets), there is nothing in the record that supports petitioner's contention that that need affected the form of any of the Bank transactions. During the years at issue, Radcliffe and BOT held a majority interest in NMSC and 300 Montgomery Associates, respectively. Respondent concedes that Mr. Jee's consent would have been required in order to encumber the assets of those partnerships, see Cal. Corp. Code sec. 15009(3)(a) (West 1991), but there is no indication that Mr. Jee would have refused to grant it. In fact, in February 1986, apparently in an effort to restructure the existing Bank loans that were secured by cash deposits, petitioner requested Union Bank to consider making a new loan to Radcliffe and/or BOT in the amount of $8,400,000 that would have replaced those existing loans and that was to be secured by the buildings owned by NMSC and 300 Montgomery Associates. This indicates to us that peti- tioner did not consider obtaining Mr. Jee's consent an obstacle to the funding of loans that were to be secured by those build- ings.93 Furthermore, petitioner testified that, in order to 92(...continued) rate of interest on its loans. 93 It is not altogether clear whether petitioner knew when he made that request in February 1986 that Radcliffe was to acquire (continued...)Page: Previous 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Next
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