Sarasota, FL 34232
Email: info@americanbusinessfinance.net
AGREEMENT
This AGREEMENT made this _______day of _______200__,
by and between AMERICAN BUSINESS FINANCE, Inc., a Florida Corp., 5341 Sarapoint
Dr., Sarasota, FL 34232, and: (Name):________________________________________________________________
as "Client", of (Street):________________________________________________________City_______________________________
State __________Zip_________Email________________________________Ph(____)______________Fax(____)________________
WHEREAS, Consultant provides non-exclusive
management and consulting services to businesses in obtaining capital from
third parties for funding and operation of businesses, including EQUIPMENT
LEASING, FACTORING, START-UP CAPITAL, WORKING CAPITAL, CONSUMER RECEI
NOW, THEREFORE, in consideration of the mutual covenants set
forth herein and other good and valuable consideration, $10.00 cash-in-hand
paid, the parties agree as follows:
Section One - Client hereby retains Consultant for the above
purposes(s) for an initial period of _________(___) days. This Agreement exists in perpetuity until
otherwise cancelled as provided for herein, and shall remain in full force and
effect past the initial period if activities are underway by Consultant or if
Client requests additional services. If
Client requests the continuing services of Consultant after the initial period
of the Agreement, or other latter date, then this Agreement shall be in force
and prevail for services rendered by Consultant with Fees due and Payable as
enumerated herein, or as may be Amended. Either party may cancel this Agreement
on ten (10) days written notice to the other party. However, Fees will be due and payable if
activities undertaken by Consultant while the Agreement was in force results in
subsequent Funding to Client.
Section Two - Consultant hereby agrees to non-exclusively
utilize its best efforts in accomplishing Client's above-stated
purpose(s). Client acknowledges that no
representations as to the accomplishment of Client's purpose(s) have been made,
no source of funds has been guaranteed, and no purchaser of installment sale
contracts has been guaranteed by Consultant.
Section Three - Payment of Fees Earned is Due at Closing. Client
shall pay, or cause to be paid, to American Business Finance, or its designee,
a fee equal to _________percent (____%) for the first________ advance(s) of
funds, and additional fees equal to ___________percent (____%) for succeeding
transactions (Fundings) to the Client by the Funder, said fee(s) payable at
closing and received by Consultant not more than seven (7) business days after
funding. Client hereby authorizes Consultant, at Consultant's discretion, to
present this Agreement to Purchaser, Funder or Lender as authorization for the
fee(s) agreed to herein to be paid direct to American Business Finance, or its
designee, from proceeds of the purchase, lending, funding or other extension of
credit, or funding, as applicable, at closing.
Section Four - Option of Client to Reject Offer Without
Liability. Client shall not be obligated to accept any offer to purchase,
financing or extension of credit, and Client may reject such offer without
liability for the fee payable to American Business Finance, provided Client
does not return to the source (funder), introduced by Consultant after
Agreement expiration.
Section Five - Client acknowledges that Consultant is, or may
be, performing similar services for other Clients and agrees that the
performance of such other service shall not be a breach of this Agreement or
any duty to Client by Consultant.
Consultant may, in certain situations, receive additional remuneration (Referral
Fees) from the Funder without further notice or disclosure required.
Section Six - Client authorizes Consultant, Purchaser or Lender
or their agent(s) or investigator(s) to perform or obtain such credit,
financial or other background investigations as Consultant or Third Party
Lender or Purchaser may require and to distribute such information to
prospective sources of financing on behalf of Client. Client acknowledges its responsibility to
provide accurate, complete, and verifiable information including, but not
limited to, pro-formas, cash flow analysis, financial statements, business
plans and any other documentation that may be reasonably required. Client will hold harmless and indemnify
Consultant for any loss or damage suffered by Client as a result of any Client
or Consultant inaccuracies or errors of omission or commission.
Section Seven - This Agreement shall be interpreted and construed
according to the laws of the State of
Section Eight - Client gives its express permission and consent
to Consultant to announce successful conclusion of funding through Consultant
on behalf of the Client, and advise prospective clients that Consultant
arranged Financing for the Client.
Section
Nine - Addendum(s)_________________________________________________________________________________
N WITNESS WHEREOF, the parties have hereunto set
their hands and seals on the date first written.
For: AMERICAN BUSINESS FINANCE Client:
______________________________________________
By:_____________________________Date _______
By_____________________________________Date__________
As
Authorized Signatory