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  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
  • Keybank National Association v. Heal Your Life Inc., Moshe KleinCommercial - Contract document preview
						
                                

Preview

FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM INDEX NO. 031654/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/28/2024 EXHIBIT A FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM THIS IS A COPY INDEX NO. 031654/2024 o S gn Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 is a copy viewNYSCEF: This RECEIVED of the Authoritative Copy hek 03/28/2024 by the designated custodian Small Business Lending Business CreditOne Application and Agreement Meeting your business goals often means securing funds to get started, grow, and expand. Whether you need to buy equipment or property, optimize your cash flow, consolidate debt, or purchase inventory, KeyBank offers a range of lending solutions customized to meet your business's needs. E xisting account # ____________ _________________ Application Request P urpose of Loan: Cash Reserve Credit (up to $10,000) Z W orking Capital ¡ Other. E×plain: Working Capital for a . Alternative E motional Healing company Dedicated overdraft protection to safeguard your pnmary operating account from the une xpected. Credit Cards Applicantrequests a Cash Reserve Credit up to the maximum amount which is available and for which the Applicant qualifies. Earn rewards, or just stick to the basics with a credit card that . . helps you manage and track your company's expenses. New request Line increase Choose the option below that best meets your n s: Any Amount up to: ¡ KeyBank Business Cash Rewards it C Link to KeyB ank checking account # ¡ KeyBank Business Reward ard ¡ Multiple CRCs Requested (see below) ¡ KeyBank Business Term Loan ¡ New request Line increas For a one-time expense like buying equipment, a commercial Any amount vehicle,or another business. Not secured by Real E state. E xisting ou __ _ _ _ _ _ _ _ _ ____ _ _ _ _ _ _ _ _ _ ¡ New request ¡ Change to existing Amount Requested: mme ial R Es oan To ha r refina commercial property. Term Requested (up to 84 months): E xisting loan account # ____________________________ O New t O Change to existing P urpose of Loan: Amount Requested: _ _ _ _ _ _ _ _ _ Term (up to 240 months): _ _ _ _ _ ¡ Equipment ¡ Vehicle ¡ E xisting account # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______ ____ __ ¡ Leasehold Improvement her P urpose of Loan: E xplain: ¡ P urchase ¡ Refinance ¡ Other. E×plain: _____________ ____________________ ¡ Multiple Term Loa equest e ) Letter of Credit Lines dit Utilize cash deposits here at KeyBank to provide a Easy cess to funds t he en you need them; ideal performance or payment guarantee. for c flow shortages, i d other frequent expe . O New request O Renewal Choos option that best meets your needs: Amount Requested: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-_ _ _ _---_ _ 2 Respo e of Credit E xisting account # _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-_ _ _ _ _ _ _---------- Revolving, demand line of credit with interest-only minimum Maturity Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-_____ _ _ _--------- payment requirements. 8 Unsecured (up to $100,000) ¡ Secured O Flex Line 1- to 3-year draw period automatically interest-only converting to a 5-to 7-year term loan. 10-year max credit facility. ¡ Unsecured (up to $100,000) ¡ Secured O Key Business Equity Line Use the equity of your commercial real estate for a 1- to 5-year draw period automatically converting to a 5- to 15-year term loan. 15-year max credit facility- Eachof the types of extensionsof credit referencedabove is referredto as a "Credit Product" in this BusinessCreditone Applicationand Agreernent(includingall sections 8 New request ¡ Line increase O Change to existing and pages, hereinthe 'BCOAA ). If approvalfor the Credit Productis granted, such Any amount up to: $100,000.00 Credit Productwill be evidencedby an "Account." KeyBank OT FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM INDEX NO. 031654/2024 THIS IS A COPY Do uS gn Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 This RECEIVED of the Authoritative is a copy viewNYSCEF: Copy helc 03/28/2024 by the designated custodian L KeyBankO-ry 2 FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM THIS IS A COPY INDEX NO. 031654/2024 o S gn Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 is a copy viewNYSCEF: This RECEIVED of the Authoritative Copy helc 03/28/2024 by the designated c ustodian Business Applicant Information Legal Nameof Borrower(companyname as it appearson organizationaldocuments Doing BusinessAs (DBA nameof Sole Proprietor)(if applicable) or full nameof Sole Proprietor) HEALYOUR LIFE INC. BusinessStreetAddress(no P.O. boxes) City/State/Zip Country 15 SNEDENCT SPRINGVALLEYNY 10977 UnitedStatesof America Billing MailingAddress(if differentthan street address) City/State/Zip Country UnitedStatesof America BusinessFederalTax ID# Date Established # of Employees 824807037 March 15, 2018 10 BusinessPhoneNumber BusinessCell Phone1 8454997271 (845) 499 - 7271 Primary ContactName Title EmailAddress MosheKlein Owner MOSHE4997271@GMAIL.COM Entity Type: ¡ LLC EdCorporation ¡ Sole Proprietor ¡ Partnership ¡ Trust ¡ Non-Profit ¡ Other If Other, explain: Natureof Business(i.e., Retail, Manufacturing,Services) NAlCSClassificationCode (naics.com/search) Natureof BusinessSub-Cat ., To re/ Other PersonalCare Services 812199 Doctor/Restauranh CONSUME SERVI BusinessID Type (i.e., organizationalpapers) BusinessID #/Description Busi tate/Coiif of ce BusinessSales PreviousYear ($) Net BusinessIncomeor (Loss) PreviousYear ($) e busig$fs have any businesses? $750,000.00 O liBfle KeyBankBusinessDepositBalances($) Non-KeyBankBusinessDepositBalances($) ameVihpn-KeyBan7 FinancialInstitutions Guarantor/Sole Proprietor Information If for any reason you have a frozen credit status on your Equif credit report, pl re to unfreeze your account All owners with 20% ownership or more must complete a d sign thi pplication as a Gua xceptions may apply, see Guaranty, section (1) for details. If Applicant is a sole proprietor, or an individ owin or business purposes, A cant may include G uarantor(s) to enhance creditworthiness. If Applicant is a sole proprietor, he/she m plete the first block of information below pertaining to a sole proprietor. Legal Nameof Guarantor/ Sole Proprietor Title Social SecurityNumber MosheKlein Owner Date of Birth US Citizen: /oof Ownership Time as Ownerof this Business April 18, 1987 G3Yes ¡ No 100 % 4 HomeStreetAddress(no oxes) City/State/Zip Home Phone 15 SnedenCt SpringValley NY 10977 Work Ph Cell Phone' PersonalGross Monthly Income2 8452 8454997271 $15,000 ID Ty .e., driver license, pa ID Number ID State/Country ID IssueDate ID ExpireDate US D License 972964415 NY November27, 2017 April 18, 2025 Legal Na ole Title Social SecurityNumber Proprietor Date of Birth US Citizen:¡ Yes ¡ No % of Ownership Time as Ownerof this Business HomeStreetAddress(no P.O. City/State/Zip Home Phone boxes) Work Phone Cell Phone' PersonalGross Monthly Income2 ID Type (1.e.,driver IIcense, ID Number ID State/Country ID IssueDate ID ExpireDate passport) Iftherearemorethan2 guarantors,thereareadditional spacesonpage9. 1 a CellPhone atthenumber, butnotlimited orartificial Byproviding youareconsenting number, toreceive communications including toprerecorded calls,textmessages, voicemessage madebyanautomatic andcalls telephone system dialing fromusandouraffiliatesandagents. Thisconsentapplies toeachsuchnumber youprovide noworinthefutureandpermits suchcallsregardlessoftheirpurpose. 2 thisemailaddressyouareconsenting todoingbusinesswithuselectronically andunderstandyouareproviding thisemailaddress inthecapacity asarepresentative ofthebusiness. Byproviding 3Income fromalimony,childsupport, orseparatemaintenance paymentsneednotberevealediftheGuarantor doesnotwishtohaveitconsidered asa basisforrepaymentofthisobligation. KeyBank OT. FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM THIS IS A COPY INDEX NO. 031654/2024 o S gn Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 is a copy viewNYSCEF: This RECEIVED of the Authoritative Copy helc 03/28/2024 by the designated custodian The sections below are only required for certain lending requests. Please review the Small Business Application Checklist and discuss with your banker to determine what if any of the below sections need to be completed. Multiple Products Multiple CRCs Requested Request Type Any amount up to KeyBank Checking Account Number Multiple Term Loans Requested Request Type Amount Requested Term Existing Loan Account Purpose of loan Number Automatic Payment Authorization If Applicant desires to authorize automatic payment of billing statements for any of the Credit Products listed in the boxes ow, Applicant must check the box in the first column and complete the Funding Account information for each of the correspondi blocks in the row. The authorization below will be governed by the terms set forth in Section 6 and Applicant agrees to be bound bt e by signing this BCOAA. Please provide a voided check or written bank verification for all non-KeyBank Accounts. 190Ò934 324421014915 G5 Responsive Line of Credit KeyBank ¡ Commercial Real Estate Loan ¡ Term Loan ¡ Flex Line ¡ Letter of Credit Line of Credi dva down Authorization Form With respec e Li . of Credit ap d fo d Applicant's Checking Account listed below, if Applicant desires to authorize the Bank to acce ruction from authorized individuals to request (1) an Advance from a Line of Credit, deposited to the Checking Account, or (2) ake a paydown on the Line of Credit from funds withdrawn from the Checking Account, then Applicant should list such auth ed individuals below (an "Authorized Caller"). Applicant represents and warrants that any Authorized Caller listed below is a sig on the KeyBank Checking Account listed below, and such Checking Account is a business account in Applicant's business name. plicant's authorization contained in this section shall be further governed by the terms set forth in Section 7 and Applicant agrees be bound by such terms by signing this B COAA. List KeyBank Checking Accounts Authorized for Advance and Paydown List Names of Authorized Callers Transactions Business Debt Schedule For lending requests greater than $50,000 or any commercial real estate requests, please provide a list of all existing business debt. Small Business Administration / ElDL Term Loan $499,500 $2,485 Total $499,500 $2,485 KeyBank h. FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM THIS IS A COPY INDEX NO. 031654/2024 o S gn Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 is a copy viewNYSCEF: This RECEIVED of the Authoritative 03/28/2024 Copy helc by the designated c ustodian 1LoanType: Inputas MORT(Commercial mortgage),TERM (Installment/TermLoan), LOC (Line of Credit), CARD(BusinessCredit Card) or OTHER (privatenote or other type of debt) as applicable. ' Balance:For MORT,TERMor OTHER includethe currentloan balance;for LOC or CARD includethe credit limit. Collateral For lending requests that will be secured by collateral, please list such collateral below. Credit Card Authorized Users - Cards for Your Employees For additional cartlholders, please use a second application. Authorized users except for Guarantors and Sole Proprietors added at the time of application are assign def spending limit of 25% of the overall account limit. EmployeeName Social Security Number Dateof Birth US Yes o HomeAddress City/State/Zip usin hone ID Type (i.e., driver license, passpod) ID Number ID State/Count ssue Da ID ExpireDate Credit Card Balance Transfer Act t Details The balance transfer authorization below will be gove by the terms set forth in Section 5 and Applicant agrees to be bound by same by signing this BCOAA. KeyBank h. FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM THIS IS A COPY INDEX NO. 031654/2024 o S gn Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 is a copy viewNYSCEF: This RECEIVED of the Authoritative Copy hek 03/28/2024 by the designated custodian Applicanfs Terms and Conditions Borrower" The entity or sole proprietorship indicated above in the block entitled "Legal Name of (herein "Applicant") is applying for credit with KeyBank National Association (including other KeyCorp subsidiaries, affiliates and assignees hereinafter referred "Borrower" to as the "Bank"). The Applicant may also be referred to herein as the as such party's representations, warranties, covenants and agreements are made as an Applicant to induce Bank to grant Applicant credit, and, if credit is approved, to form an agreement between Bank and Borrower as to the extension of credit. All sections of this BCOAA are applicable to all of the Credit Products listed on the first page unless such section is specifically marked to apply to only specific Credit Products. The "Agreement" term is defined as set forth in the table on Exhibit A, attached hereto and incorporated herein. The term "Agreement" has a separate and unique meaning for each of the Credit Products, including severally, where Applicant makes application for multiple of the same type of Credit Product, and the term will include any amendment or modification made from time to time in accordance with law. Additionally, Exhibit B is a part of this BCOAA and contains important disclosures regarding the Credit Products. (1) Applicant's Representations, Warranties, Covenants, Requests and Authorizations. " Business Use Only. Applicant represents that Applicant and each Authorized User (as defined below) intends to and shall use any credit extended only for business, commercial, agricultural, or governmental purposes and for expense sing from the conduct of the Applicanes business and that the Applicant and each Authorized User will not use or permit t e of any credit extended, or any check or card issued thereunder, for any personal, family, or household purpose or a onsumer credit purpose whatsoever; " Establishment of Account and Authorized Users. Applicant requests that Bank establish Accounts in t Applicant. Applicant requests that it be permitted to designate from time to time certain individuals to have c d use of an Account (herein an "Authorized User"). Applicant requests that Bank, in accordance with Section (4), ue s and Cards to Applicant, Guarantors and Authorized Users; " Credit Report Authorization. Applicant and Guarantor, in connection with this BCOAA and any credit exte d hereunder, authorizes Bank (or its designated agents or employees) to (a) obtain credit reports, including consumer credit reports on Applicant and/or Guarantors, (b) investigate, receive, verify, provide and exchange credit information with credit reporting agencies and others about Applicant and/or Guarantors, and (c) obtain additional credit reports without first notifying or obtaining consent of Applicant. Guarantor, by signing the Guaranty, makes this authorization with respect to Guarantor. " Information Provision. Applicant understands that@ank is relying on the information provided by Applicant in this B COAA and in other supporting information and document on requested by Bank from time to time, and certifies that all of the information submitted to Bank by Applicant in this SCOAA and such other supporting information and documentation is true, accurate and complete in all material respects. Further Applicant agrees to provide additional information, if requested; " Electronic Signatures and Copies. Applicant a! Bank may accept signatures on the BCOAA and on any other signed documents received by Bank via facsimile or elect opy (such as a pdf) relating to any credit granted pursuant to the BCOAA, and that any such facsimile or electronic co r any copy thereof shall be binding on Applicant and shall be considered to be an original; " Bank's Discretion;Conditions. Applicant understands Bank will review this BCOAA and may, at its sole discretion and on th s imposed by Bank, grant such request, but is under no obligation to do so. Further Applicant understands that even if oes decide to approve the credit requested, Bank is not required to grant any credit until all of Bank's conditions for ×tending such credit have been satisfied; " Additional Governing Documents. Applicant understands that if the application portion of this B COAA is approved, Applicant ill receive from Bahk additional documents and agreements comprising the Agreement (as defined on Exhibit A for each redit Prod . " pplicant. Applicant further agrees that if the application portion of this BCOAA is approved by Bank, and if A chooses to use any of the Checks or activate any of the Cards to access the Account, or otherwise access the Account, then Borrower will be bound by the terms of the Agreement. Applicant agrees that no further signatures will be necessary to bind Borrower to the Agreement and that Borrower's use of the Account (including use by any of Borrower's Authorized Users, including Guarantors) confirms Borrower's acceptance of the entire Agreement including those portions of the Agreement which are sent in the mail, made available online or otherwise provided to Applicant, all as further set forth on E xhibit A ; and " J URY TRIAL WAIVER. APPLICANT AGREES TO AND DOES HE RE BY W AIVE, TOGETHE R W ITH BANK, THE RIGHT TO ANY J URY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY OF APPLICANT, BANK OR GUARANTOR(S) AGAINS T THE OTHE R. (2) Separate closing required for the following Credit Products: (1) Term Loans, (2) Commercial Real Estate Loans, (3) Letters of Credit, (4) Secured Responsive Lines of Credit, (5) Flex Line of Credit, (6) Business Equity Line, and ( any loan guaranteed by the S BA If Bank approves Applicant for any of the Credit Products govemed by this section, Applicant is required to execute (and cause Guarantors to execute where necessary) additional agreements in favor of Bank setting forth additional terms and conditions for KeyBank Ome o FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM THIS IS A COPY INDEX NO. 031654/2024 o Sign Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 is a copy viewNYSCEF: This RECEIVED of the Authoritative Copy helc 03/28/2024 by the designated custodian the foregoing Credit Products, including without limitation, promissory notes, guarantees, security agreements, mortgages, deeds of trust, pledges, assignments, or other documents or instruments, as determined by Bank in its sole discretion. With regard to any S BA guaranteed credit extension, Applicant will also be required to execute other S BA required documentation. (3) Provisions Applicable only to unsecured Responsive Lines of Credit and Credit Cards and Cash Reserve Credit Line: (a) Welcome Letter & Credit Limit. If marked on the first page hereof, Applicant requests a Line of Credit up to the maximum amount which is available and for which Applicant qualifies. Applicant will receive from Bank a Welcome Letter together with other agreements and disclosures comprising the Agreement as defined on Exhibit A setting forth the terms and conditions governing the Account. By signing this BCOAA, Applicant agrees to be bound by the BCOAA, and if the Credit Product is approved by Bank and drawn upon by Borrower (or its designee as set forth in the Agreement), then Borrower agrees to be bound by the Agreement, without further signatures. (b) Repayment. Borrower promises to pay to Bank, in lawful money of the United States of America: i. With respectto an unsecured Responsive Line of Credit Account on demand, the principal amount of Advances (as defined in the Agreement) outstanding, together with interest on the unpaid outstanding principal balance of each Advance, together with fees, all as further set forth in the Agreement. ii. With respect to a Cash Reserve Credit Account, all outstanding amounts, including Advances, Finance Cha and fees, all as further set forth in the Agreement goveming the Account. iii. With respect to a Credit Card Account, all outstanding amounts, including principal, interest and fee s rth in the Agreement goveming the Account. (c) Line Increase (if applicable). If the Line Increase box on the first page of this BCOAA itch ked, this BC made to request a credit limit increase (the "increase") under a Cash Reserve Credit Line, 011%dff Card or an un d nsive Line of Credit. Applicant understands that the prior application made to obtain the curIent account is require be up ated in order for Bank to consider extending the requested increase for the Accou . Irthis ne• BCOAA is approve ill amend and restate any previous application made by Applicant to Bank (including anyT edecessor in interest) for credit under this Account and the existing agreement and associated disclosures, all of which will centinue to govern this Account and will be referred to herein as part of the Agreement as defined above. If Bank app es this new BCOAA, the Account (including the increase) will be accessed by the same account number indicated above, including any associated credit card or access card numbers. If a line increase is requested for a secured Line of Cre a closing will need to occur in which additional documentation will need to be executed. (d) "Annual Percentage Rate ("APR")". Withg spect t oth the Responsive of Credit Account and the Cash Reserve Credit Line Account, Applicant understands that t ee s r these Accounts are based on a floating rate Index (as such term is defined in the Agreement) and that Applicant meó ssigned an APR based on Applicant's creditworthiness that does not exceed the Index plus 9.5%. By drawing on the Acc t, Borrower agrees to abide by the APR assigned to Borrower by Bank in accordance with the range set forth in this section. (4) Provisions Applicable only to Lines of Credit (secured or unsecured) and Credit Cards: ' Access and/or Cards. Checks If Bank approves Applicant for the Credit Product, then Applicant authorizes Bank to deliver line checks and/or convenience checks (herein "Checks") and credit cards and/or access cards (herein "Cards") in the " Borrower" I Name of to Applicant or its Authorized Users (as designated by Applicant), from time to time, at Bank's discretion, i nnection with the Account, in accordance with and subject to the following limitations: ( hecks: Checks will betutomatically sent to Applicant and all Guarantors and Authorized Users unless (1) the credit limit als or e ds $250,000, or (ii) Applicant requests Checks not be issued. (b) ard Accounts, Cards will be sent to each Guarantor and each Authorized User designated by Borrower reg of credit limit on the Account. Additionally, Borrower may request Cards to be issued to additional Authorized Users as designated by Borrower from time to time. (ii) For Line of Credit Accounts, if the credit limit is $250,000 or less, Bank will automatically send a Card to each Guarantor (as defined below). Applicant may request Bank issue a Card to any Authorized User Borrower designates from time to time. Balance Transfer - Applicable to Credit Cards: (5) only Initial balance transfers requested at Account opening will be limited to a percent of the availability under your approved credit limit up to ninety percent (90%). Bank will allow partial balance transfers; however, the minimum balance transfer amount is one hundred dollars ($100.00). Balance transfers will not automatically close your existing accounts with other lenders. To close your non-KeyBank accounts, if desired, you will need to contact the applicable card company directly. Bank will not process your balance transfer until the earlier of ten (10) days after you have been sent your cardmember agreement and account opening disclosures (part of the Agreement as defined above), or the time of Card activation. You may cancel your balance transfer request at any time before the end of the period described in the preceding sentence. You warrant and agree that you will only request balance transfers for which the balance to be transferred from another financial institution is in the name of Applicant. Please note there is no grace period on balance transfers. We will begin charging interest on the balance transfer on the transaction date. KeyBank 0"w. FILED: ROCKLAND COUNTY CLERK 03/28/2024 10:04 AM THIS IS A COPY INDEX NO. 031654/2024 o S gn Envelope ID: A4D11CF8-B002-4608-B7A9-58CBE34F2897 NYSCEF DOC. NO. 3 is a copy viewNYSCEF: This RECEIVED of the Authoritative Copy hek 03/28/2024