- 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.Page: Previous 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 Next
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