PLEDGE AGREEMENTPledge Agreement • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
THIS PLEDGE AGREEMENT (this “Agreement”) is made on December 20, 2019, by and among PACIFIC ETHANOL CENTRAL, LLC, a limited liability company organized under the laws of Delaware (“Pledgor”), ILLINOIS CORN PROCESSING, LLC, a limited liability company organized under the laws of Delaware (“ICP”), and COBANK, ACB, a federally-chartered instrumentality of the United States, as Agent for the benefit of the Lenders under the Credit Agreements (together with its successors and assigns, “Agent”).
AMENDED AND RESTATED GUARANTY AND CONTRIBUTION AGREEMENTGuaranty and Contribution Agreement • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This Amended and Restated Guaranty and Contribution Agreement (this “Guaranty”), dated as of December 20, 2019, is made by PACIFIC ETHANOL CENTRAL, LLC, a limited liability company organized and existing under the laws of Delaware (the “Guarantor”), for the benefit of COMPEER FINANCIAL, PCA, a federally-chartered instrumentality of the United States, successor by merger to 1st Farm Credit Services, PCA (“Lender”), and COBANK, ACB, a federally-chartered instrumentality of the United States (“Agent” and collectively with Lender, the “Lender Parties”).
AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS AMENDMENT NO. 1 TO CREDIT AGREEMENT AND WAIVER, dated as of December 20, 2019 (this “Agreement”), is entered into by and between ILLINOIS CORN PROCESSING, LLC, a limited liability company organized and existing under the laws of Delaware (“Company”), COMPEER FINANCIAL, PCA, a federally-chartered instrumentality of the United States, successor by merger to 1st Farm Credit Services, PCA (“Lender”), and COBANK, ACB, a federally-chartered instrumentality of the United States (“Agent”). Capitalized terms not defined herein shall have the meanings set forth in the Credit Agreement.
GUARANTYGuaranty • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This Guaranty (this “Guaranty”), dated as of December 20, 2019, is made by ILLINOIS CORN PROCESSING, LLC, a limited liability company organized and existing under the laws of Delaware (the “Guarantor”), for the benefit of COMPEER FINANCIAL, PCA, a federally-chartered instrumentality of the United States, successor by merger to 1st Farm Credit Services, PCA (“Lender”), and COBANK, ACB, a federally-chartered instrumentality of the United States (“Agent” and collectively with Lender, the “Lender Parties”).
ContractPacific Ethanol, Inc. • January 21st, 2020 • Industrial organic chemicals
This instrument was prepared by: Jason Berne, Esq. Bryan Cave Leighton Paisner LLP 161 N. Clark, Suite 4300 Chicago, IL 60601 Phone: (312) 602-5000 After recording return to:
FIRST AMENDMENT TO PLEDGE AGREEMENTPledge Agreement • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This First Amendment to Pledge Agreement (this “Amendment”) is made as of December 20, 2019 by and among PACIFIC ETHANOL CENTRAL, LLC, a limited liability company organized under the laws of Delaware (“Pledgor”), PACIFIC AURORA, LLC, a limited liability company organized under the laws of Delaware (“Aurora”), and COBANK, ACB, a federally-chartered instrumentality of the United States, as Agent for the benefit of the Lenders under the Credit Agreement (together with its successors and assigns, “Agent”).
SECOND AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This Second Amendment to Security Agreement (this “Amendment”) is made as of December 20, 2019 by and among PACIFIC ETHANOL PEKIN, LLC, a limited liability company organized under the laws of Delaware (the “Debtor”), and COBANK, ACB, a federally-chartered instrumentality of the United States, as Agent for the benefit of the Lenders under the PEP Credit Agreement (defined below) (together with its successors and assigns, the “Secured Party”).
FIRST AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This First Amendment to Security Agreement (this “Amendment”) is made as of December 20, 2019 by and among ILLINOIS CORN PROCESSING, LLC, a limited liability company organized under the laws of Delaware (the “Debtor”), and COBANK, ACB, a federally-chartered instrumentality of the United States, as Agent for the benefit of the Lenders under the ICP Credit Agreement (defined below) (together with its successors and assigns, the “Secured Party”).
FIRST AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • January 21st, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This First Amendment to Security Agreement (this “Amendment”) is made as of December 20, 2019 by and among PACIFIC ETHANOL CENTRAL, LLC, a limited liability company organized under the laws of Delaware (“Grantor”), and COBANK, ACB, a federally-chartered instrumentality of the United States, as Agent (together with its successors and assigns, “Secured Party”) for the benefit of the Lenders under the PEP Credit Agreement (defined below) and ICP Credit Agreement (defined below).
ContractPacific Ethanol, Inc. • January 21st, 2020 • Industrial organic chemicals
This instrument was prepared by: Jason Berne, Esq. Bryan Cave Leighton Paisner LLP 161 N. Clark, Suite 4300 Chicago, IL 60601 Phone: (312) 602-5000 After recording return to: Rebecca Floren Bryan Cave Leighton Paisner LLP 161 N. Clark, Suite 4300 Chicago, IL 60601 Phone: (312) 602-5000
