LOAN AND SECURITY AGREEMENT by and among KINERGY MARKETING LLC and PACIFIC AG. PRODUCTS, LLC as Borrowers THE LENDERS AND ISSUING BANK FROM TIME TO TIME PARTY HERETO WELLS FARGO CAPITAL FINANCE, LLC as Agent WELLS FARGO CAPITAL FINANCE, LLC as Sole...Loan and Security Agreement • May 8th, 2012 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
This Amended and Restated Loan and Security Agreement dated May 4, 2012 is entered into by and among KINERGY MARKETING LLC, an Oregon limited liability company (“Kinergy”), and PACIFIC AG. PRODUCTS, LLC, a California limited liability company (“Pacific Ag”, and together with Kinergy, each individually a “Borrower” and collectively, “Borrowers” as hereinafter further defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as Issuing Bank, and WELLS FARGO CAPITAL FINANCE, LLC, successor by merger to Wachovia Capital Finance Corporation (Western), in its capacity as agent for Issuing Bank and Lenders (in such capacity, “Agent” as hereinafter further defined).
AMENDED AND RESTATED GUARANTEEGuarantee • May 8th, 2012 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
THIS AMENDED AND RESTATED GUARANTEE (“Guarantee”), dated May 4, 2012, is by PACIFIC ETHANOL, INC., a Delaware corporation (“Guarantor”), having an office at 400 Capital Mall, Suite 2060, Sacramento, California 95814, in favor of WELLS FARGO CAPITAL FINANCE, LLC, successor by merger to Wachovia Capital Finance Corporation (Western), in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Agent”), having an office at 245 S. Los Robles Avenue, 7th Floor, Pasadena, California 91101-3638.
