THIRD FORBEARANCE AGREEMENTThird Forbearance Agreement • April 2nd, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS THIRD FORBEARANCE AGREEMENT (this “Agreement”) is entered into as of March 31, 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 given such terms in the Cre
AMENDMENT NO. 2 TO LETTER RE: AMENDMENT AND FORBEARANCE AGREEMENTForbearance Agreement • April 2nd, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS AMENDMENT NO. 2 TO LETTER RE: AMENDMENT AND FORBEARANCE AGREEMENT (this “Amendment”), dated as of March 27, 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 FORBEARANCE AGREEMENT (LYLES UNITED, LLC)Second Forbearance Agreement • April 2nd, 2009 • Pacific Ethanol, Inc. • Industrial organic chemicals
This SECOND FORBEARANCE AGREEMENT (LYLES UNITED) (“this Agreement”) is entered into as of March 30, 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”), LYLES UNITED, LLC, a Delaware limited liability company (the “Lender”), and LYLES MECHANICAL CO., a California corporation (“Lyles Mechanical”), as parties to the Loan Documents or the Lyles Mechanical Note or both. The Company, PAP, PECA, Lyles Mechanical 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 First Forbearance Agreement (defined below) or, to the extent the First Forbearance Agreement does not define such terms, in the Loan Documents (defined below).
