ADVANCE SCHEDULE No. 03 Date: November 7 , 2007
EXHIBIT
10.31
ADVANCE
SCHEDULE
No.
03
Date:
November
7 , 2007
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: $600,000.00 | |
2.
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The Collection
Amount of this Advance Schedule No. 03 is $640,000.00. The outstanding
balance of Advance Schedule No. 02 as of November 6, 2007 is in the amount
of $296,356.56. The proceeds of the Advance Amount are to be used to 1)
payoff in full the outstanding balance of Advance Schedule No. 2 and 2)
remit the remaining balance of the Advance Amount to
Merchant.
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3. | The Collection Date for all Loans is June 7, 2008. | |
4. | The Collection Account Bank and Collection Account are as follows: |
Bank
name:
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North
Fork Bank
0000
Xxxxxxxx
Xxx Xxxx, XX 00000
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Routing/ABA Number: |
000000000
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Account Name to credit: | Able Oil Company | |
Account Number to credit: | 2744061470 |
5. |
The
Merchant agrees to repay the Advance Amount by remitting (or causing to be
remitted) to the Lender, on or before the Collection Date, the Collection
Amount. 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
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.
Agreed to: | |
CREDIT CASH, LLC | ABLE OIL COMPANY |
By:
/s/ Xxxx
Xxxxxx
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By:
/s/ Xxxxxxxxxxx
Xxxxxx
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Name: Xxxx Xxxxxx | Name: Xxxxxxxxxxx Xxxxxx |
Title: President | Title: President |
STATE
OF NEW YORK
COUNTY
OF NEW YORK
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)
)ss.:
)
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On
this 7
day of November 2007 before me personally appeared Xxxx Xxxxxx, 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 Managing Member and president of CREDIT CASH, LLC, the company
herein described and that he/she executed 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/
Xxxxx Xxxxxxxxx
NOTARY
PUBLIC
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XXXXX
XXXXXXXXX
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STATE
OF NJ
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)
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Notary Public - State of
New
York
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)ss.:
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No.
02R16123649
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COUNTY
OF Xxxxxx
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)
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Qualified in Westchester
County
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Commission
Expires March 7, 2009
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On
this 7
day of November 2007 before me personally appeared Xxxxxxxxxxx Xxxxxx, 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/
Xxxxxxx Xxxxxxxxxx
NOTARY PUBLIC
Xxxxxxx
Xxxxxxxxxx
Notary Public of New
Jersey
Commission
Expires 4/11/08
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