SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 14th, 2012 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of October 29, 2012, is by and among PACIFIC ETHANOL HOLDING CO. LLC, a Delaware limited liability company (“Pacific Holding”), PACIFIC ETHANOL MADERA LLC, a Delaware limited liability company (“Madera”), PACIFIC ETHANOL COLUMBIA, LLC, a Delaware limited liability company (“Boardman”), PACIFIC ETHANOL STOCKTON LLC, a Delaware limited liability company (“Stockton”), and PACIFIC ETHANOL MAGIC VALLEY, LLC, a Delaware limited liability company (“Burley” and, together with Pacific Holding, Madera, Boardman and Stockton, the “Borrowers”), Pacific Holding, as Borrowers’ Agent, each of the Lenders from time to time party hereto, WELLS FARGO BANK, N.A., as administrative agent for the Lenders, WELLS FARGO BANK, N.A., as collateral agent for the Senior Secured Parties and AMARILLO NATIONAL BANK, as accounts bank, and amends and restates the Prior Credit Agreement.
CREDIT AGREEMENTCredit Agreement • November 14th, 2012 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This CREDIT AGREEMENT (this “Agreement”), dated as of October 29, 2012, is by and among Pacific Ethanol Holding Co. LLC, a Delaware limited liability company (“Pacific Holding”), Pacific Ethanol Madera LLC, a Delaware limited liability company (“Madera”), Pacific Ethanol Columbia, LLC, a Delaware limited liability company (“Boardman”), Pacific Ethanol Stockton LLC, a Delaware limited liability company (“Stockton”), and Pacific Ethanol Magic Valley, LLC, a Delaware limited liability company (“Burley” and, together with Pacific Holding, Madera, Boardman and Stockton, the “Borrowers”), Pacific Holding, as Borrowers’ Agent, each of the Lenders from time to time party hereto, WELLS FARGO BANK, N.A., as administrative agent for the Lenders, WELLS FARGO BANK, N.A., as collateral agent for the Senior Secured Parties, CREDIT SUISSE LOAN FUNDING LLC, as Syndication Agent and AMARILLO NATIONAL BANK, as accounts bank.
INTERCREDITOR AGREEMENT dated as of October 26, 2012, among WELLS FARGO BANK, N.A., as First Lien Collateral Agent and First Lien Administrative AgentIntercreditor Agreement • November 14th, 2012 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
THIS INTERCREDITOR AGREEMENT is dated as of October 26, 2012 (this “Agreement”) and entered into by and among WELLS FARGO BANK, N.A., as collateral agent for the First Lien Secured Parties (as defined below) (in such capacity, the “First Lien Collateral Agent”) and as First Lien Administrative Agent (as defined below), and WELLS FARGO BANK, N.A., as collateral agent for the Second Lien Secured Parties (as defined below) (in such capacity, the “Second Lien Collateral Agent”) and as Second Lien Administrative Agent (as defined below), and is acknowledged and, as to certain provisions, agreed to (as set forth on the signature page for such parties) by PACIFIC ETHANOL HOLDING CO. LLC, a Delaware limited liability company (“Pacific Holding”), PACIFIC ETHANOL MADERA LLC, a Delaware limited liability company (“Madera”), PACIFIC ETHANOL COLUMBIA, LLC, a Delaware limited liability company (“Boardman”), PACIFIC ETHANOL STOCKTON LLC, a Delaware limited liability company (“Stockton”), PACIFIC ETHA
