Unassociated Document


     

    Exhibit 10.42

     

    ADVANCE
SCHEDULE

    No.
05

     

    Date:
April 11, 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, LLCM (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:               $400,000.00.

            


    

     

    
      
        	
                      2.    

              	
                The
      Collection Amount of this Advance Schedule No. 05 is $428,000.00. The outstanding balance of
      Advance Schedule No. 04 as of April 11, 2008 is in the amount of
      $87,959.16. The proceeds of the Advance Amount are to be used to (a)
      payoff in full the outstanding balance of Advance Schedule No. 4 and (b)
      remit the remaining balance of the Advance Amount to
    Merchant.

              


      

    

     

    
      
        	
                      3.            
      

              	
                The
      Collection Date for this Advance Schedule No. 5 is November 11, 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
      
	 	1407
      Broadway  
	 	
              New
      York, NY 10018

            
	Routing/ABA
      Number: 	021407912 
	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 Lender 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. Merchant 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/ Dean
      Landis               
       	By:            /s/
      Christopher
      Westad                 
      
	Name:  Dean
      Landis  	Name: 
      Christopher Westad 
	Title:    President 	Title:    President


      

       

       

      STATE
OF
NJ                        
)

                                                       
)ss.:

      COUNTY
OF MORRIS         
)

    

     

    On
this ___ day of April 2008 before me personally appeared Christopher
Westad, 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 beard of directors of said
corporation.

     

    
    

     

    
      	 	    
      /s/ Colleen
      Harrington                 
      
	 	NOTARY
      PUBLIC 
	 	 
	 	
              Colleen
      Harrington

              Notary Public of New Jersey

              Commission Expires:
4/11/13