AMENDMENT NO. 9 TO CREDIT AGREEMENT AND WAIVERCredit Agreement • December 23rd, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals
THIS AMENDMENT NO. 9 TO CREDIT AGREEMENT AND WAIVER, dated as of December 18, 2020 (this “Agreement”), is entered into by and between PACIFIC ETHANOL PEKIN, 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.
FIRST AMENDMENT TO GUARANTYGuaranty • December 23rd, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This First Amendment to Guaranty (this “Amendment”) is made as of December 18, 2020 by and among PACIFIC ETHANOL PEKIN, 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 (the “Lender”), and COBANK, ACB, a federally-chartered instrumentality of the United States (the “Agent” and collectively with Lender, the “Lender Parties”).
FIRST AMENDMENT TO INTERCREDITOR AGREEMENTIntercreditor Agreement • December 23rd, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This First Amendment to Intercreditor Agreement (this “Amendment”) is made as of December 18, 2020 by and among the Pekin Lenders and ICP Lenders (each as defined below).
FIRST AMENDMENT TO ASSIGNMENT OF NOTES AND DEEDS OF TRUSTAssignment of Notes and Deeds of Trust • December 23rd, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This First Amendment to Assignment of Notes and Deeds of Trust (this “Amendment”) is made as of December 18, 2020 by and among PACIFIC ETHANOL CENTRAL, LLC, a Delaware limited liability company (“PEC”), and COBANK, ACB, a federally-chartered instrumentality of the United States (the “Administrative Agent”) for the Pekin Lenders (defined below) and ICP Lenders (defined below). The Administrative Agent, the Pekin Lenders, and the ICP Lenders are collectively referred to herein as the “Lender Parties”.
SECOND AMENDMENT TO SECURITY AGREEMENTSecurity Agreement • December 23rd, 2020 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This Second Amendment to Security Agreement (this “Amendment”) is made as of December 18, 2020 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).
