EX-10.86
from S-1/A
4 pages
1. the Financial Institution Hereby Confirms That the Company Has Established With It the Financial Accounts. the Financial Institution Agrees That From and After the Date Hereof the Financial Accounts Shall Be Under the Exclusive Dominion and Control of Secured Party and All Moneys, Instruments, Securities and Other Property of the Company Received in Connection Therewith, Whether or Not Deposited in the Financial Accounts, Shall Be Held Solely for the Benefit of Secured Party. Except as Otherwise Provided Herein, the Financial Accounts Shall Be Subject to Written Instructions Only From Secured Party
12/34/56
EX-10.85
from S-1/A
~1
page
2. a Deposit Account Control Agreement in Form and Content Satisfactory to Sterling Will Be Issued to Sterling by September 30, 2007 Covering All Deposit Accounts Held by Cmark at Any Depository Institution. at Any Time That Sterling Is Required to Fully Exercise Its Rights Under the Deposit Account Control Agreement to Collect Any Amounts Due, Cmark Will Pay a 3% Penalty on the Unpaid Principal of the Note. 3. the Note Will Pay 16% Interest on an Annualized Basis on the Unpaid Principal and Accrued but Unpaid Interest Each Month. 4. Monthly Payments in the Amount of $10,000 Will Be Made on the 30th of Each Month With the First Payment on the Extension Due by September 30, 2007. 5. as Consideration for Extending the Note, Cmark Will Issue Sterling or Its Assigns Additional Warrants to Purchase 200,000 Shares of Cmark Common Stock at an Exercise Price of $.25 Per Share
12/34/56