ADVANCE SCHEDULE No. 04 Date: January 18, 2008
Exhibit
10.38
ADVANCE
SCHEDULE
No.
04
Date:
January 18, 2008
This
Advance Schedule (the "Schedule") is issued pursuant
to and is subject to all terms and conditions of the Credit Card Receivables
Advance Agreement, dated as of March 13, 2007 (as amended from time to time in
accordance with its terms, the "Master Agreement"),
between CREDIT CASH, LLC (the "Lender") and ABLE OIL
COMPANY (the "Merchant"). Capitalized
terms used and not defined in this
Schedule have the meanings
given to them in the Master Agreement.
The
Merchant has requested that the Lender make an Advance to the Merchant, and the
Lender is willing to make such Advance, in each case subject to the
following terms and conditions:
| 1. | The Advance Amount is: $664,160.96. | ||
| 2. |
The
Collection Amount of this Advance Schedule No. 04 is $710,652.23. The
outstanding balance of Advance Schedule No. 03 as of January 18, 2008 is
in the amount of $164,160.96. The proceeds of the Advance Amount are to be
used to (a) payoff in full the outstanding balance of Advance Schedule No.
3 and (b) remit the remaining balance of the Advance Amount to
Merchant.
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| 3. |
The
Collection Date for all Loans is August 18, 2008 [insert date that is 7
months from the funding date]
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| 4. | The Collection Account Bank and Collection Account are as follows: | ||
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Bank
name:
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North
Fork Bank
▇▇▇▇
▇▇▇▇▇▇▇▇
▇▇▇ ▇▇▇▇, ▇▇
▇▇▇▇▇
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| Routing/ABA Number: | ▇▇▇▇▇▇▇▇▇ | ||
| Account Name to credit: | Able Oil Company | ||
| Account Number to credit: | 2744061470 | ||
| 5. |
The Merchant agrees
to repay the Collection Amount (plus all Costs and Expenses) by remitting
(or causing to be remitted) to the Lender, on or before the Collection
Date, the Collection Amount, by authorizing Lender to retain the Payment
Percentage from the Collection Account as provided in the Master
Agreement. If the Collection Amount is remitted to the Lender before the
Collection Date, the Merchant shall not be entitled to any refund or other
compensation. If the Collection Amount is not remitted to the Lender by
the Collection Date, Merchant may be subject to extension fees as set
forth in the Master Agreement.
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| 6. |
The Merchant grants
to the Lender a security interest in the Collection Account (including,
without limitation, all Credit Card Receivables and/or proceeds thereof at
any time deposited therein) to secure the Merchant's obligation to pay the
Collection Amount and to secure all other existing and future obligations
of the Merchant to the Lender.
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| 7. |
The Merchant
understands and agrees that all Advances by ▇▇▇▇▇▇ to Merchant under the
Master Agreement, this Advance Schedule, and under any other Related
Agreements constitute one loan, and all indebtedness and obligations of
Merchant to Lender
under the Master Agreement, this Advance Schedule and the Related
Agreements, present and future, constitute one general obligation secured
by the Collateral. ▇▇▇▇▇▇▇▇ further understands that they shall be jointly
and severally liable for payment of all of the obligations
owing to Lender under all Advance Schedules, the Master Agreement
and the Related Agreements and under any other agreement between Lender
and any Merchant.
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| 8. |
The
Merchant reaffirms all terms, conditions and agreements set forth in
the Master
Agreement and any Related Agreements and further represents and
warrants to the Lender that all
representations and warranties made by the Merchant in the Master
Agreement and any Related Agreements entered into on or before the date
hereof are true and correct on the date hereof as if made on the date
hereof.
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This
Schedule may be executed
in counterparts. Each counterpart shall
be deemed an original but all of which together shall constitute one and the
same instrument. An executed facsimile of this Schedule shall be deemed to be a
valid and binding agreement between the parties hereto.
| CREDIT CASH, LLC | ABLE OIL COMPANY |
| By: /s/ ▇▇▇▇ ▇▇▇▇▇▇ | By: /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
| Name: ▇▇▇▇ ▇▇▇▇▇▇ | Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ |
| Title: President | Title: President |
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STATE
OF NEW YORK
|
)
|
| )ss.: | |
| COUNTY OF NEW YORK | ) |
On this
18th day of January 2008 before
me personally appeared ▇▇▇▇
▇▇▇▇▇▇, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that he/she is the President of CREDIT CASH, LLC, the company
herein described and that he/she ex anted the same in his/her capacity as an officer of said company,
and that he/she signed the instrument by order of the members of said
company.
| /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ | ||
|
STATE
OF NEW JERSEY
|
) | NOTARY PUBLIC |
| )ss.: | ||
| COUNTY OF ▇▇▇▇▇▇ | ) |
▇▇▇▇▇
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Notary Public -
State of New York
No.
02R16123649
Qualified in
Westchester County
Commission Expires
March 7, 2009
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On
this 18 day
of January 2008 before me personally appeared ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to
me that he/she is the
President of ABLE OIL COMPANY,
the corporation herein described and that he/she executed the same in his/her capacity as
an officer of said corporation, and that he/she signed the instrument by order
of the board of directors
of said corporation.
| /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ | ||
| NOTARY PUBLIC | ||
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Notary
Public of New Jersey
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Commission
Expires 4/11/08
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