PLEDGE AGREEMENTPledge Agreement • May 3rd, 2019 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
THIS PLEDGE AGREEMENT (this “Agreement”) is made on March 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”).
GUARANTY AND CONTRIBUTION AGREEMENTGuaranty and Contribution Agreement • May 3rd, 2019 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This Guaranty and Contribution Agreement (this “Guaranty”), dated as of March 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”).
SECURITY AGREEMENTSecurity Agreement • May 3rd, 2019 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
This Security Agreement, dated as of March 20, 2019 (as amended, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this “Agreement”), made by and between 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 for the benefit of the Lenders under the Credit Agreement (together with its successors and assigns, “Secured Party”).
AMENDMENT NO. 4 TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTSCredit Agreement • May 3rd, 2019 • Pacific Ethanol, Inc. • Industrial organic chemicals • Colorado
THIS AMENDMENT NO. 4 TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS, dated as of March 20, 2019 (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.
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 3rd, 2019 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
This AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of March 27, 2019, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent (in such capacity, “Agent”) for each member of the Lender Group and the Bank Product Provider (as each such term is defined in the Credit Agreement referred to below), KINERGY MARKETING LLC (“Kinergy”), and PACIFIC AG. PRODUCTS, LLC (“Pacific Ag” and together with Kinergy, each individually, a “Borrower” and collectively, the “Borrowers”).
