FORBEARANCE AGREEMENT (LYLES UNITED, LLC)Forbearance Agreement • March 4th, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
This FORBEARANCE AGREEMENT (LYLES UNITED) (“this Agreement”) is entered into as of February 26, 2009, by and among PACIFIC ETHANOL, INC., a Delaware corporation (the “Company”), PACIFIC AG. PRODUCTS, LLC (“PAP”), PACIFIC ETHANOL CALIFORNIA, INC. (“PECA”; together with PAP and the Company, the “PE Parties”, and each a “PE Party”) and LYLES UNITED, LLC, a Delaware limited liability company (the “Lender”), as parties to the Loan Documents (defined below). The Company, PAP, PECA and Lender are sometimes referred to individually as a “Party” and collectively as the “Parties” herein. Capitalized terms used in this Agreement which are not otherwise defined herein shall have the meanings given such terms in the Loan Documents.
AMENDMENT NO. 1 TO LETTER RE: AMENDMENT AND FORBEARANCE AGREEMENTAnd Forbearance Agreement • March 4th, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO LETTER RE: AMENDMENT AND FORBEARANCE AGREEMENT (this “Amendment”), dated as of February 26, 2009, is by and among WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), in its capacity as agent and sole lender (“Wachovia”), KINERGY MARKETING LLC (“Borrower”) and PACIFIC ETHANOL, INC. (“Parent”).
SECOND LIMITED WAIVER AND FORBEARANCE AGREEMENTSecond Limited Waiver and Forbearance Agreement • March 4th, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS SECOND LIMITED WAIVER AND FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of February 27, 2009, by and among Pacific Ethanol Holding Co. LLC (“Holding”), Pacific Ethanol Madera LLC (“Madera”), Pacific Ethanol Columbia, LLC (“Columbia”), Pacific Ethanol Stockton, LLC (“Stockton”) and Pacific Ethanol Magic Valley, LLC (“Magic Valley” and together with Holding, Madera, Columbia and Stockton, the “Borrowers”), WestLB AG, New York Branch, as administrative agent for the Senior Secured Parties (in such capacity, the “Administrative Agent”), WestLB AG New York Branch, as collateral agent for the Senior Secured Parties (in such capacity, the “Collateral Agent” and, collectively with the Administrative Agent, the “Agent”) and Amarillo National Bank, as accounts bank for the Senior Secured Parties (the “Accounts Bank”), as parties to the Credit Agreement (defined below). Capitalized terms used in this Agreement which are not otherwise defined herein, shall have the meanings give
