−Removed: OTHER INFORMATION.
−Removed: Membership Interest Purchase Agreement dated as of February 28, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and Aurora Cooperative Elevator Company (1)
−Removed: Amendment No.
−Removed: 2 to Credit Agreement dated as of March 20, 2020 by and among Illinois Corn Processing, LLC, Compeer Financial, PCA and CoBank, ACB (2)
+Added: Amendment to Membership Interest Purchase Agreement dated as of April 15, 2020 by and among Pacific Ethanol Central, LLC,
+Added: Pacific Aurora, LLC and Aurora Cooperative Elevator Company (1)
+Added: Promissory Note (Negotiable) dated April 15, 2020 in the amount of $8,580,000 by Pacific Aurora, LLC in favor of Pacific Ethanol
+Added: Central, LLC (1)
+Added: Promissory Note (Non-Negotiable) dated April 15, 2020 in the amount of $7,920,000 by Pacific Aurora, LLC in favor of Pacific
+Added: Ethanol Central, LLC (1)
+Added: of Notes and Deeds of Trust dated April 15, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and CoBank,
+Added: Release of Collateral Letter dated April 15, 2020 by Pacific Ethanol, Inc.
+Added: and its Subsidiaries named therein, and CoBank,
+Added: Release of Collateral Letter dated April 15, 2020 by Pacific Ethanol, Inc.
+Added: and its Subsidiaries named therein, Cortland Products
+Added: Corp., and the Noteholders named therein (1)
+Added: Note dated April 29, 2020 in the amount of $5,973,138 by Pacific Ethanol, Inc.
+Added: in favor of Bank of America, NA (2)
+Added: Note dated May 1, 2020 in the amount of $3,886,729 by Pacific Ethanol Pekin, LLC in favor of Bank of America, NA (2)
+Added: Agreement dated May 5, 2020 by Pacific Ethanol Pekin, LLC in favor of Cortland Products Corp.
+Added: as collateral agent for the
+Added: Noteholders identified therein (3)
Amendment No.
−Removed: 8 to Credit Agreement dated as of March 20, 2020 by and among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (2)
−Removed: Note Amendment No.
−Removed: 5 dated as of March 20, 2020 by and among Pacific Ethanol, Inc.
−Removed: and the noteholders named therein (2)
−Removed: Security Agreement dated March 20, 2020 by Illinois Corn Processing, LLC in favor of Cortland Products Corp.
−Removed: Security Agreement dated March 20, 2020 by and between Pacific Ethanol Central, LLC and Cortland Products Corp.
−Removed: Pledge Agreement dated March 20, 2020 by and among Pacific Ethanol Central, LLC, Illinois Corn Processing, LLC and Cortland Products Corp.
−Removed: Pledge Agreement dated March 20, 2020 by and among Pacific Ethanol Central, LLC, Pacific Ethanol Pekin, LLC and Cortland Products Corp.
−Removed: Pledge Agreement dated March 20, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and Cortland Products Corp.
−Removed: Security Agreement dated March 20, 2020 by and among Pacific Ethanol West, LLC, PE Op Co.
−Removed: and Cortland Products Corp.
−Removed: Third Amendment to Security Agreement effective as of March 20, 2020 by and among Pacific Ethanol, Inc., each of the holders and new holders named therein, Cortland Products Corp.
−Removed: as successor agent and Cortland Capital Market Services LLC as existing collateral agent (2)
−Removed: Security Agreement effective as of March 20, 2020 by and between Pacific Ethanol, Inc.
−Removed: and CoBank, ACB (2)
−Removed: Intercreditor Agreement dated as of March 20, 2020 by and among Cortland Products Corp., CoBank, ACB, Pacific Ethanol, Inc.
−Removed: and the grantors named therein (2)
−Removed: Intercreditor Agreement dated as of March 20, 2020 between the Pekin Lenders and the ICP Lenders named therein (2)
−Removed: Certifications Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 (*)
−Removed: Certifications Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 (*)
−Removed: Certification of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C.
−Removed: Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (*)
−Removed: XBRL Instance Document (*)
−Removed: XBRL Taxonomy Extension Schema (*)
−Removed: XBRL Taxonomy Extension Calculation Linkbase
−Removed: XBRL Taxonomy Extension Definition Linkbase
−Removed: XBRL Taxonomy Extension Label Linkbase (*)
−Removed: XBRL Taxonomy Extension Presentation Linkbase
−Removed: (*) Filed herewith.
−Removed: (**) Certain of the agreements filed as exhibits contain representations
−Removed: and warranties made by the parties thereto.
−Removed: The assertions embodied in such representations
−Removed: and warranties are not necessarily assertions of fact, but a mechanism for the parties
−Removed: to allocate risk.
−Removed: Accordingly, investors should not rely on the representations and warranties
−Removed: as characterizations of the actual state of facts or for any other purpose at the time
−Removed: they were made or otherwise.
−Removed: (1) Filed as an exhibit to the registrant’s Current Report on Form
−Removed: 8-K filed with the Securities and Exchange Commission on March 5, 2020.
−Removed: (2) Filed as an exhibit to the registrant’s Current Report on Form8-K
−Removed: filed with the Securities and Exchange Commission on March 26, 2020.
−Removed: Pursuant to the requirements
−Removed: of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned
−Removed: thereunto duly authorized.
+Added: 6 dated May 26, 2020 by and among Pacific Ethanol, Inc.
+Added: and the Noteholders identified therein (4)
+Added: Amendment to Amended and Restated Employment Agreement for Neil M.
+Added: Koehler dated May 22, 2020 by and between Pacific Ethanol,
+Added: Certifications
+Added: Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley
+Added: Act of 2002 (*)
+Added: Certifications
+Added: Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley
+Added: Act of 2002 (*)
+Added: Certifications
+Added: Required by Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as Adopted Pursuant to Section 302 of the Sarbanes-Oxley
+Added: Act of 2002 (*)
+Added: Certification
+Added: of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C.
+Added: Section 1350, as Adopted Pursuant to Section
+Added: 906 of the Sarbanes-Oxley Act of 2002 (*)
+Added: Instance Document (*)
+Added: Taxonomy Extension Schema (*)
+Added: Taxonomy Extension Calculation Linkbase (*)
+Added: Taxonomy Extension Definition Linkbase (*)
+Added: Taxonomy Extension Label Linkbase (*)
+Added: Taxonomy Extension Presentation Linkbase (*)
+Added: as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
+Added: and Exchange Commission on April 21, 2020.
+Added: as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
+Added: and Exchange Commission on May 7, 2020.
+Added: as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
+Added: and Exchange Commission on May 11, 2020.
+Added: as an exhibit to the registrant’s Current Report on Form 8-K filed with the Securities
+Added: and Exchange Commission on May 29, 2020.
+Added: to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf
+Added: by the undersigned thereunto duly authorized.
PACIFIC ETHANOL, INC.
+Added: August 13, 2020
Chief Financial Officer
1 unchanged sentence
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.