INCREMENTAL AMENDMENTIncremental Amendment • February 4th, 2015 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This INCREMENTAL AMENDMENT (this “Amendment”) is dated as of June 18, 2013 (the “Incremental Amendment Effective Date”) and entered into by and among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (“Borrower”), each of the Lenders listed on the signature pages hereto, and acknowledged by CITIBANK, N.A., (“Citibank”), as administrative agent (in such capacity, “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent” and together with the Administrative Agent, each an “Agent” and collectively, the “Agents”). Capitalized terms used but not defined herein have the meanings given them in the Credit Agreement, hereinafter defined.
AMENDED AND RESTATED SENIOR SECURED TERM LOAN CREDIT AGREEMENT Dated as of September 24, 2012 among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., as Borrower, THE LENDERS FROM TIME TO TIME PARTY THERETO, and CITIBANK, N.A. as Collateral Agent and...Credit Agreement • February 4th, 2015 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (“this Agreement”) is entered into as of September 24, 2012, among AVENTINE RENEWABLE ENERGY HOLDINGS, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), CITIBANK, N.A., in its capacity as administrative agent for the Lenders (in such capacity, together with any successor in interest or assignee pursuant to Article IX, the “Administrative Agent”), and CITIBANK, N.A., in its capacity as collateral agent for the Secured Parties (in such capacity, together with any successor in interest or assignee pursuant to Article IX, the “Collateral Agent”).
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 4th, 2015 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
THIS LOAN AND SECURITY AGREEMENT (together with all schedules, riders and exhibits annexed hereto from time to time, this "Agreement") is entered into this 17th day of September, 2014, by and among AVENTINE RENEWABLE ENERGY, INC., a Delaware corporation ("Borrower"), the financial institutions party hereto from time to time as Lenders, MIDCAP FINANCIAL, LLC, as Collateral Agent, and ALOSTAR BANK OF COMMERCE, a state banking institution incorporated or otherwise organized under the laws of the State of Alabama, as Administrative Agent. All schedules, riders and exhibits annexed hereto are incorporated herein and made a part hereof.
AGREEMENT between AVENTINE RENEWABLE ENERGY, INC. and UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRY AND SERVICE WORKERS INTERNATIONAL UNION ON BEHALF OF LOCAL 7-662 November 5, 2012 Through October 31, 2015Agreement • February 4th, 2015 • Pacific Ethanol, Inc. • Industrial organic chemicals
It is understood that this Agreement covers all hourly employees employed by the Employer at its Pekin, Illinois Plant, but excludes all office clerical, professional employees, guards and supervisors, as defined in the Act.
STOCKHOLDERS AGREEMENT DATED AS OF SEPTEMBER 24, 2012 BY AND AMONG AVENTINE RENEWABLE ENERGY HOLDINGS, INC., THE INVESTORS LISTED ON SCHEDULE A HERETO AND THE EXISTING STOCKHOLDERS LISTED ON SCHEDULE A HERETOStockholders Agreement • February 4th, 2015 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
THIS STOCKHOLDERS AGREEMENT (as amended, modified or supplemented from time to time, this “Agreement”) is made as of September 24, 2012, by and among Aventine Renewable Energy Holdings, Inc., a Delaware corporation (the “Company”), each of the investors identified on Schedule A hereto as “Investors” (each, an “Investor” and collectively, the “Investors”) and each of the other parties identified on Schedule A hereto as “Existing Stockholders” (each, an “Existing Stockholder” and collectively, the “Existing Stockholders”).
