Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 78

                                                 - 161 -                                                   
            (2) Standard Chartered Bank HK through its affiliate Union Bank                                
            had an inflow of funds (viz., the interest paid by Radcliffe to                                
            Union Bank on the UB $325,000 loan) that was sufficient to cover                               
            its outflow of funds for the interest presumably paid on the                                   
            Forward $325,000 deposit.116                                                                   
                  We cannot determine the nature of the relationships, if any,                             
            between (a) the respective rates of interest on the UB $325,000                                
            loan and the Forward $325,000 deposit and (b) the respective                                   
            dates on which interest was payable or paid on that loan and that                              
            deposit.  This is because the record is inadequate.  In this re-                               
            gard, while the record shows certain facts relating to that                                    
            inquiry with respect to the UB $325,000 loan at issue (viz., cer-                              
            tain of the interest rates and percentage interest rates that                                  
            were in effect for certain periods and certain of the dates on                                 
            which interest was payable or paid on that loan), the record does                              
            not disclose those facts with respect to the Forward $325,000                                  
            deposit.                                                                                       
                  Turning to whether the Forward $325,000 deposit that secured                             
            the UB $325,000 loan was applied to repay that loan, petitioner                                
            claims on brief that Radcliffe repaid that loan.  While the re-                                
            cord does not disclose (1) the identity of the person or persons                               
            who provided the funds to repay it or (2) whether or not the For-                              
            ward $325,000 deposit was so applied, it does establish that the                               

            116  See supra note 113.                                                                       





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