Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 157

                                                 - 55 -                                                    
            constitute fraudulent conveyances under California law, in which                               
            event Union Bank believed that it might be deprived of an en-                                  
            forceable security interest in those deposits.  In order to                                    
            address that concern, Union Bank sought from petitioner, inter                                 
            alia, financial information relating to the foreign corporations                               
            that pledged cash collateral for those loans and statements that                               
            those corporations owned Radcliffe and/or BOT.  Union Bank did                                 
            not receive the information it requested from petitioner.                                      
            Consequently, it requested its affiliate Standard Chartered Bank                               
            HK to guarantee its loans to Radcliffe and to BOT that are at                                  
            issue herein.  That guarantee was to be secured by the cash                                    
            deposits that had been pledged as security for those loans.                                    
            Despite Union Bank's concerns about possible fraudulent convey-                                
            ances under California law and although Standard Chartered Bank                                
            HK did not provide the guarantee requested by Union Bank, Union                                
            Bank renewed on one or more occasions the loans it had funded to                               
            Radcliffe and to BOT as they became due during the years at                                    
            issue.                                                                                         
                  In February 1986, petitioner requested Union Bank to consid-                             
            er making a new loan to Radcliffe and/or BOT in the amount of                                  
            $8,400,000, an amount that was approximately equal to the then                                 
            outstanding balances of the loans at issue that had been funded                                
            by Bangkok Bank LA branch and by Union Bank to Radcliffe and BOT.                              







Page:  Previous  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  Next

Last modified: May 25, 2011