GuarantyPacific Ethanol, Inc. • May 19th, 2008 • Industrial organic chemicals • California
ContractLoan and Security Agreement • May 19th, 2008 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 19th, 2008 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
This FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT (this "Amendment") is dated as of August 29, 2007 by and between KINERGY MARKETING, LLC, an Oregon limited liability company ("Borrower") and COMERICA BANK, a Michigan banking corporation, with its offices located at 333 W. Santa Clara Street, San Jose, California 95113 ("Bank").
REAFFIRMATION OF GUARANTYForbearance Agreement • May 19th, 2008 • Pacific Ethanol, Inc. • Industrial organic chemicals
Guarantor hereby acknowledges and agrees that it has read and is familiar with, and hereby consents to, all of the terms and conditions of the Forbearance Agreement and Release dated the date hereof (“Forbearance Agreement”) by and between COMERICA BANK, a Texas banking association (“Bank”), Guarantor and KINERGY MARKETING, LLC, an Oregon limited liability company (“Borrower”) and all of the agreements and documents referred to therein, and specifically consents to the forbearance as set forth therein, and in said agreements and documents. Guarantor hereby confirms and agrees that all of the terms and provisions of Guarantor’s Guaranty (as defined in the Forbearance Agreement) are hereby ratified and confirmed, and the Guaranty shall continue in full force and effect as the guaranty of all Indebtedness (as the term “Indebtedness” is defined in the Guaranty), including the obligations of Borrower to Bank under the Forbearance Agreement.
FORBEARANCE AGREEMENT AND RELEASEForbearance Agreement and Release • May 19th, 2008 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
This FORBEARANCE AGREEMENT AND RELEASE (this “Agreement”) is hereby entered into as of May 12, 2008 (the “Effective Date”) by and among KINERGY MARKETING, LLC, an Oregon limited liability company (“Borrower”), with its principal place of business at 5711 N. West Avenue, Fresno, California 93711; COMERICA BANK, a Texas banking association (“Bank”), with its office at 333 W. Santa Clara Street, San Jose, California 95113; and PACIFIC ETHANOL, INC., a Delaware corporation “Guarantor”) with an address at 5711 N. West Avenue, Fresno, California 93711.
