CALL OPTION AGREEMENTCall Option Agreement • July 6th, 2010 • Pacific Ethanol, Inc. • Industrial organic chemicals • Delaware
THIS CALL OPTION AGREEMENT, (“Agreement”) dated as of June 29, 2010, is made by and among New PE Holdco LLC, a Delaware limited liability company (the “Company”), Pacific Ethanol, Inc., a Delaware corporation (“PEI”) and certain members of the Company listed on Schedule A hereto (the “Granting Members”).
FORM OF] CORN PROCUREMENT AND HANDLING AGREEMENT by and between PACIFIC ETHANOL [_________], LLC and PACIFIC AG. PRODUCTS, LLC Dated as of June 29, 2010Corn Procurement and Handling Agreement • July 6th, 2010 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This CORN PROCUREMENT AND HANDLING AGREEMENT (this “Agreement”) is made and entered into as of June 29, 2010 by and between Pacific Ethanol [_________], LLC, a Delaware limited liability company (“[Plant Owner]”), and Pacific Ag. Products, LLC, a California limited liability company (“PAP”). [Plant Owner] and PAP are each individually referred to herein as a “Party”, and collectively are referred to herein as the “Parties”.
ASSET MANAGEMENT AGREEMENT by and between PACIFIC ETHANOL, INC., and PACIFIC ETHANOL HOLDING CO. LLC, PACIFIC ETHANOL MADERA LLC, PACIFIC ETHANOL COLUMBIA, LLC, PACIFIC ETHANOL STOCKTON, LLC and PACIFIC ETHANOL MAGIC VALLEY, LLC Dated as of June 29, 2010Asset Management Agreement • July 6th, 2010 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
FORM OF] ETHANOL MARKETING AGREEMENT ([________] PROJECT) by and between PACIFIC ETHANOL [_________], LLC and KINERGY MARKETING, LLC Dated as of June 29, 2010Ethanol Marketing Agreement • July 6th, 2010 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This ETHANOL MARKETING AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into by and between PACIFIC ETHANOL [__________], LLC, a Delaware limited liability company (“Project Company”), and KINERGY MARKETING, LLC, an Oregon limited liability company (“Kinergy”), as of June 29, 2010. Project Company and Kinergy are each individually referred to herein as a “Party”, and collectively are referred to herein as the “Parties”.
FORM OF] DISTILLERS GRAINS MARKETING AGREEMENT ([___________] PROJECT) by and between PACIFIC ETHANOL [__________], LLC and PACIFIC AG. PRODUCTS, LLC Dated as of June 29, 2010Distillers Grains Marketing Agreement • July 6th, 2010 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This DISTILLERS GRAINS MARKETING AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into by and between PACIFIC ETHANOL [__________], LLC, a Delaware limited liability company (“Project Company”), and PACIFIC AG. PRODUCTS, LLC, a California limited liability company (“PAP”), as of June 29, 2010. Project Company and PAP are each individually referred to herein as a “Party”, and collectively are referred to herein as the “Parties”.
