Forbearance Agreement and Release Sample Contracts

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FORBEARANCE AGREEMENT AND RELEASE
Forbearance Agreement and Release • May 19th, 2008 • Pacific Ethanol, Inc. • Industrial organic chemicals • California

This FORBEARANCE AGREEMENT AND RELEASE (this “Agreement”) is hereby entered into as of May 12, 2008 (the “Effective Date”) by and among KINERGY MARKETING, LLC, an Oregon limited liability company (“Borrower”), with its principal place of business at 5711 N. West Avenue, Fresno, California 93711; COMERICA BANK, a Texas banking association (“Bank”), with its office at 333 W. Santa Clara Street, San Jose, California 95113; and PACIFIC ETHANOL, INC., a Delaware corporation “Guarantor”) with an address at 5711 N. West Avenue, Fresno, California 93711.

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