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.
190Ã’934 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