ADVANCE SCHEDULE No. 01 ONE UP INNOVATIONS, INC. FOAM LABS, INC. Funding Date: November 4, 2010Credit Card Receivables Advance Agreement • November 9th, 2010 • WES Consulting, Inc. • Household furniture
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 on or about November 4, 2010 (as amended from time to time in accordance with its terms, the “Master Agreement”), between CC FUNDING a division of CREDIT CASH NJ, LLC (the “Lender”) and ONE UP INNOVATIONS, INC. and FOAM LABS, INC., (individually and collectively, the “Merchant”). Capitalized terms used and not defined in this Schedule have the meanings given to them in the Master Agreement.
GUARANTY (Louis Friedman)Guaranty • November 9th, 2010 • WES Consulting, Inc. • Household furniture • New Jersey
CREDIT CASH NJ, LLC (“Lender”) has entered into a Credit Card Advance Agreement (“Loan Agreement”) dated on or about November 4, 2010 with ONE UP INNOVATIONS, INC. and FOAM LABS, INC. (collectively, the “Merchant”) and in consideration of One ($1.00) Dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby duly acknowledged, the undersigned jointly and severally unconditionally guaranty to Lender, its successors and assigns, Merchant’s full and prompt payment, performance and discharge of each and every obligation of Merchant under said Loan Agreement and under all instruments given or executed by Merchant in connection therewith, and the full and prompt payment of all other obligations of Merchant to Lender, wherever and however arising, direct or indirect, absolute or contingent, all whether presently existing or hereafter arising, including, without limitation, all costs of collection, including attorney’s fees. The liability of the undersign
CREDIT CARD RECEIVABLES ADVANCE AGREEMENTCredit Card Receivables Advance Agreement • November 9th, 2010 • WES Consulting, Inc. • Household furniture • New Jersey
This Credit Card Receivables Advance Agreement (the “Agreement”) is made as of November 4, 2010, between CC FUNDING a division of CREDIT CASH NJ, LLC, a Delaware limited liability company with its principal place of business located at 1 Bridge Plaza, Suite 275, Fort Lee, NJ 07024 and an operating office located at 505 Park Avenue, 6th Floor, New York, NY 10022 (the “Lender”), and ONE UP INNOVATIONS, INC., a Georgia corporation and FOAM LABS, INC., a Georgia corporation, each having its principal place of business at 2745 Bankers Industrial Drive, Atlanta, GA 30360 (individually and collectively, the “Merchant”).
CORPORATE GUARANTY (Wes Consulting, Inc.)Corporate Guaranty • November 9th, 2010 • WES Consulting, Inc. • Household furniture • New Jersey
CONTROL ACCOUNT AGREEMENT (No Access by Borrower)Control Account Agreement • November 9th, 2010 • WES Consulting, Inc. • Household furniture • New York
THIS CONTROL ACCOUNT AGREEMENT ("Agreement") is made effective as of the 3rd day of November 2010 by and among ONE UP INNOVATIONS, INC., a Georgia corporation having a principal place of business at 2745 Bankers Industrial Drive, Atlanta, GA 30360 ("Borrower"), CREDIT CASH NJ, LLC, a Delaware company, having a place of business at 505 Park Avenue, 6th Floor, New York, NY 10022 ("Lender") and SIGNATURE BANK, a New York commercial bank, having a principal place of business at 565 Fifth Avenue, New York, New York 10017 ("Depository").
GUARANTY (Ronald P. Scott)Guaranty • November 9th, 2010 • WES Consulting, Inc. • Household furniture • New Jersey
CREDIT CASH NJ, LLC (“Lender”) has entered into a Credit Card Advance Agreement (“Loan Agreement”) dated on or about November 4, 2010 with ONE UP INNOVATIONS, INC. and FOAM LABS, INC. (collectively, the “Merchant”) and in consideration of One ($1.00) Dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby duly acknowledged, the undersigned jointly and severally unconditionally guaranty to Lender, its successors and assigns, Merchant’s full and prompt payment, performance and discharge of each and every obligation of Merchant under said Loan Agreement and under all instruments given or executed by Merchant in connection therewith, and the full and prompt payment of all other obligations of Merchant to Lender, wherever and however arising, direct or indirect, absolute or contingent, all whether presently existing or hereafter arising, including, without limitation, all costs of collection, including attorney’s fees. The liability of the undersign
