Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 73

                                                 - 157 -                                                   
            the Merit $570,000 deposit and (2) Standard Chartered Bank,                                    
            Singapore, through its affiliate Union Bank had an inflow of                                   
            funds (viz., the interest paid by BOT to Union Bank on the UB                                  
            $570,000 renewed loan) that was sufficient to cover its outflow                                
            of funds for the interest presumably paid on the Forward $570,000                              
            deposit.113                                                                                    
                  Except as noted below with respect to the first renewal of                               
            the UB $570,000 renewed loan, we cannot determine the nature of                                
            the relationships, if any, between (a) the respective rates of                                 
            interest on the UB $570,000 pre-March 1984 loan and the Merit                                  
            $570,000 deposit and on the UB $570,000 renewed loan and the                                   
            Forward $570,000 deposit and (b) the respective dates on which                                 
            interest was payable or paid on those respective loans and depos-                              
            its.  This is because the record is inadequate.  In this regard,                               
            while the record shows certain facts relating to that inquiry                                  
            with respect to the UB $570,000 pre-March 1984 and renewed loan                                

            113  The record does not disclose the interest rates applicable                                
            to or the amounts of interest payable or paid on certain of the                                
            deposits (viz., the Merit $570,000 deposit, the Forward $570,000                               
            deposit, and the Forward $325,000 deposit) that served, in form,                               
            as security for certain of the Union Bank loans at issue (viz.,                                
            the UB $570,000 pre-March 1984 loan, the UB $570,000 renewed                                   
            loan, and the UB $325,000 loan, respectively).  Nonetheless, we                                
            find it reasonable to infer from the evidence in the record, in                                
            particular the evidence relating to the transactions involving                                 
            the UB $800,000 Radcliffe loan, the UB $1,300,000 loan, and the                                
            UB $1,830,000 loan, that the interest rates applicable to and the                              
            amounts of interest payable or paid on those deposits were always                              
            less than the percentage interest rates on and the amounts of                                  
            interest payable or paid on the respective loans that were, in                                 
            form, secured by those deposits.                                                               





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