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.

            3.
            The
      Collection Date for all Loans is August 18, 2008 [insert date that is 7
      months from the funding date]

            4.
            The Collection
      Account Bank and Collection Account are as follows:
          
            Bank
      name:

            North
      Fork Bank
0000
      Xxxxxxxx
Xxx Xxxx, XX
      00000

            Routing/ABA
      Number:
            000000000
          
            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.

            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.

            7.
            The Merchant
      understands and agrees that all Advances by Xxxxxx 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. Xxxxxxxx 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.

            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.

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/ Xxxx Xxxxxx
            By: /s/ Xxxxxxxxxxx
  Xxxxxx
          
            Name: Xxxx
      Xxxxxx
            Name: Xxxxxxxxxxx
      Xxxxxx
          
            Title:
      President
            Title:
      President
          
            STATE
      OF NEW YORK

            )
      
            )ss.:
          
            COUNTY
      OF NEW YORK
            )
          
On this
18th day of January 2008 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 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/
      XXXXX XXXXXXXXX
          
            STATE
      OF NEW JERSEY

            )
            NOTARY
    PUBLIC
          
            )ss.:
             
            COUNTY OF
      XXXXXX
            )
            XXXXX
      XXXXXXXXX

            Notary Public -
      State of New York
No.
      02R16123649
Qualified in
      Westchester County
Commission Expires
      March 7, 2009

On
this    18    day
of January 2008 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

Document Metadata

Table of Contents

ADVANCE SCHEDULE No. 04 Date: January 18, 2008

Document Metadata

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.

3.	The Collection Date for all Loans is August 18, 2008 [insert date that is 7 months from the funding date]

4.	The Collection Account Bank and Collection Account are as follows:

	Bank name:	North Fork Bank 0000 Xxxxxxxx Xxx Xxxx, XX 00000
	Routing/ABA Number:	000000000
	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.

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.

	7.	The Merchant understands and agrees that all Advances by Xxxxxx 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. Xxxxxxxx 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.

	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.

CREDIT CASH, LLC	ABLE OIL COMPANY


By: /s/ Xxxx Xxxxxx	By: /s/ Xxxxxxxxxxx Xxxxxx
Name: Xxxx Xxxxxx	Name: Xxxxxxxxxxx Xxxxxx
Title: President	Title: President

		/s/ XXXXX XXXXXXXXX
STATE OF NEW JERSEY	)	NOTARY PUBLIC
	)ss.:
COUNTY OF XXXXXX	)	XXXXX XXXXXXXXX
		Notary Public - State of New York No. 02R16123649 Qualified in Westchester County Commission Expires March 7, 2009

		/s/ XXXXXXX XXXXXXXXXX
		NOTARY PUBLIC

		Xxxxxxx Xxxxxxxxxx
		Notary Public of New Jersey
		Commission Expires 4/11/08