AMENDMENT NO. 1 TO CONSTRUCTION AND TERM LOAN AGREEMENT AND AGREEMENT AS TO FUTURE FINANCING TRANSACTIONSConstruction and Term Loan Agreement • October 12th, 2006 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This AMENDMENT NO. 1 TO CONSTRUCTION AND TERM LOAN AGREEMENT AND AGREEMENT AS TO FUTURE FINANCING TRANSACTIONS, dated September 29, 2006 (this “Amendment”), is by and among PACIFIC ETHANOL MADERA LLC, a Delaware limited liability company (“Borrower”), the lenders named on the signature pages to this Amendment, TD BANKNORTH, N.A., a national banking association, as administrative agent for the Lenders (as defined below) (the “Administrative Agent”), and PACIFIC ETHANOL, INC., a Delaware corporation (“PEI”), and amends to the extent stated herein the Construction and Term Loan Agreement, dated April 10, 2006 (the “Original Loan Agreement”), among Borrower, the Lenders and the Administrative Agent. Capitalized terms used and not defined herein have the meanings ascribed to them in Schedule X of the Original Loan Agreement.
