27,500,000 Shares of Common Stock, par value $0.001 Warrants to Purchase 27,500,000 Shares of Common Stock and 4,125,000 Additional Shares Additional Warrants to Purchase 4,125,000 Shares of Common Stock PACIFIC ETHANOL, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • September 21st, 2012 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
PACIFIC ETHANOL, INC. WARRANT TO PURCHASE COMMON STOCKWarrant to Purchase Common Stock • September 21st, 2012 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
Pacific Ethanol, Inc. a Delaware corporation (the "Company"), hereby certifies that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ______________, the registered holder hereof or its permitted assigns (the "Holder"), is entitled, subject to the terms set forth below, to purchase from the Company, at the Exercise Price (as defined below) then in effect, upon exercise of this Warrant to Purchase Common Stock (including any Warrants to Purchase Common Stock issued in exchange, transfer or replacement hereof, the "Warrant"), at any time or times on or after the Issuance Date (the “Exercisability Date”), but not after 11:59 p.m., New York time, on the Expiration Date (as defined below), ______________ (_____________)1 fully paid nonassessable shares of Common Stock (as defined below) (the "Warrant Shares"). Except as otherwise defined herein, capitalized terms in this Warrant shall have the meanings set forth in Section 16. This Warrant i
