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Exam CRCM topic 1 question 272 discussion

Actual exam question from ABA's CRCM
Question #: 272
Topic #: 1
[All CRCM Questions]

Mills Company, Inc., is a manufacturing company with a working capital line of credit from First National Bank. The credit agreement governing the loan states that
Mills cannot obtain additional unsecured credit without the approval of the bank. Mills believes that such a clause violates the Bank Holding Company Act's anti- tying clause. Does it?

  • A. Yes. It is a restraint of trade.
  • B. Yes, unless the bank will reasonably allow additional credit at Mills's request.
  • C. No, since this clause relates to the soundness of the credit
  • D. No, unless the bank refuses to grant additional credit to Mills itself
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Suggested Answer: C 🗳️

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Cam22
4 months ago
Selected Answer: B
The clause in the credit agreement stating that Mills Company cannot obtain additional unsecured credit without the approval of First National Bank could potentially violate the Bank Holding Company Act's anti-tying provisions. Tying arrangements, where one product or service is conditioned on the purchase of another, can violate antitrust laws by restricting competition. In this case, the bank may be leveraging its lending relationship to compel Mills to use its other financial services.
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