Pacific Ethanol, Inc. Contracts & Agreements

Second Amended and Restated Employment Agreement for Todd E. Benton dated effective as of April 1, 2024 (Filed With SEC on March 21, 2024)

First Amendment to Credit Agreement dated November 6, 2023 between the Registrant and OIC Investment Agent, LLC (Filed With SEC on March 14, 2024)

Credit Agreement dated November 7, 2022 among Alto Ingredients, Inc., the subsidiary guarantors signatory thereto, the lenders from time to time party thereto, and OIC Investment... (Filed With SEC on November 14, 2022)

Consulting Agreement dated May 28, 2022 by and between Alto Ingredients, Inc. and Christopher W. Wright (Filed With SEC on June 1, 2022)

Asset Purchase Agreement dated November 5, 2021 by and among the Registrant, Pacific Ethanol Stockton LLC and Pelican Acquisition LLC (Filed With SEC on March 15, 2022)

Employment Agreement dated February 1, 2022 between the Registrant and Auste M. Graham (Filed With SEC on March 15, 2022)

Waiver, Consent and Amendment No. 4 to Second Amended and Restated Credit Agreement dated March 8, 2021 by and among Kinergy Marketing LLC, Alto Nutrients, LLC and Wells Fargo... (Filed With SEC on March 15, 2022)

Waiver, Consent, and Amendment No. 5 to Second Amended and Restated Credit Agreement dated June 10, 2021 by and among Kinergy Marketing LLC, Alto Nutrients, LLC and Wells Fargo... (Filed With SEC on March 15, 2022)

Asset Purchase Agreement dated April 23, 2021 by and among Pacific Ethanol Madera LLC, Alto Ingredients, Inc. and Seaboard Energy California, LLC (Filed With SEC on August 10, 2021)

First Amendment to Asset Purchase Agreement dated as of July 30, 2021 by and among Seaboard Energy California, LLC, Pacific Ethanol Madera LLC and Alto Ingredients, Inc (Filed With SEC on August 10, 2021)

Series A Warrant to Purchase Common Stock dated October 28, 2020 for 8,900,493 shares by and between the Registrant and CVI Investments, Inc (Filed With SEC on March 26, 2021)

Registration Rights Agreement dated October 28, 2020 by and between the Registrant and CVI Investments, Inc (Filed With SEC on March 26, 2021)

Amendment No. 9 to Credit Agreement and Waiver dated as of December 18, 2020 by and among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on December 23, 2020)

Fourth Amended and Restated Revolving Term Note dated December 18, 2020 by Pacific Ethanol Pekin, LLC in favor of Compeer Financial, PCA (Filed With SEC on December 23, 2020)

First Amendment to Guaranty dated as of December 18, 2020 by Pacific Ethanol Pekin, LLC in favor of Compeer Financial, PCA and CoBank, ACB (Filed With SEC on December 23, 2020)

Intercompany Revolving Demand Note dated December 18, 2020 by Pacific Ethanol Pekin, LLC in favor of Illinois Corn Processing, LLC (Filed With SEC on December 23, 2020)

Amendment No. 3 to Credit Agreement and Waiver dated as of December 18, 2020 by and among Illinois Corn Processing, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on December 23, 2020)

Second Amended and Restated Revolving Term Note dated December 18, 2020 by Illinois Corn Processing, LLC in favor of Compeer Financial, PCA (Filed With SEC on December 23, 2020)

First Amendment to Guaranty dated as of December 18, 2020 by Illinois Corn Processing, LLC in favor of Compeer Financial, PCA and CoBank, ACB (Filed With SEC on December 23, 2020)

Intercompany Revolving Demand Note dated December 18, 2020 by Illinois Corn Processing, LLC in favor of Pacific Ethanol Pekin, LLC (Filed With SEC on December 23, 2020)

Second Amendment to Security Agreement dated as of December 18, 2020 by and between Pacific Ethanol Central, LLC and CoBank, ACB (Filed With SEC on December 23, 2020)

First Amendment to Intercreditor Agreement dated as of December 18, 2020 by and among the Pekin Lenders and the ICP Lenders named therein (Filed With SEC on December 23, 2020)

First Amendment to Assignment of Notes and Deeds of Trust dated as of December 18, 2020 by and between Pacific Ethanol Central, LLC and CoBank, ACB (Filed With SEC on December 23, 2020)

Real Estate Purchase and Sale Agreement dated November 6, 2020 by and between Pacific Ethanol Magic Valley, LLC and Liberty Basin, LLC (Filed With SEC on November 9, 2020)

Underwriting Agreement by and among Pacific Ethanol, Inc., Guggenheim Securities, LLC, Craig-Hallum Capital Group LLC and H.C. Wainwright & Co., LLC dated as of October 26, 2020 (Filed With SEC on October 26, 2020)

Form of Pre-Funded Warrant (Filed With SEC on October 26, 2020)

Form of Series A Warrant (Filed With SEC on October 26, 2020)

Securities Purchase Agreement dated October 26, 2020 by and between Pacific Ethanol, Inc. and the investor party thereto (Filed With SEC on October 26, 2020)

Form of Registration Rights Agreement to be entered into by and between Pacific Ethanol, Inc. and the investor party thereto (Filed With SEC on October 26, 2020)

At Market Issuance Sales Agreement dated as of August 13, 2020 by and between Pacific Ethanol, Inc. and H.C. Wainwright & Co., LLC (Filed With SEC on August 13, 2020)

Second Amended and Restated Employment Agreement dated August 7, 2020 between Pacific Ethanol, Inc. and Michael D. Kandris (Filed With SEC on August 7, 2020)

Note Amendment No. 6 dated as of May 26, 2020 by and among Pacific Ethanol, Inc. and the noteholders named therein (Filed With SEC on May 29, 2020)

Second Amendment to Amended and Restated Employment Agreement for Neil M. Koehler effective as of May 22, 2020 by and between Pacific Ethanol, Inc. and Neil M. Koehler (Filed With SEC on May 29, 2020)

Security Agreement dated as of May 5, 2020 by Pacific Ethanol Pekin, LLC in favor of Cortland Products Corp (Filed With SEC on May 11, 2020)

Promissory Note by Pacific Ethanol, Inc. in favor of Bank of America, NA dated April 29, 2020 (Filed With SEC on May 7, 2020)

Promissory Note by Pacific Ethanol Pekin, LLC in favor of Bank of America, NA dated May 1, 2020 (Filed With SEC on May 7, 2020)

First Amendment to Membership Interest Purchase Agreement dated as of March 17, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and Aurora Cooperative Elevator... (Filed With SEC on April 21, 2020)

Second Amendment to Membership Interest Purchase Agreement dated as of March 31, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and Aurora Cooperative... (Filed With SEC on April 21, 2020)

Third Amendment to Membership Interest Purchase Agreement dated as of April 15, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and Aurora Cooperative Elevator... (Filed With SEC on April 21, 2020)

Secured Promissory Note (Negotiable) dated as of April 15, 2020 by Pacific Aurora, LLC in favor of Pacific Ethanol Central, LLC (Filed With SEC on April 21, 2020)

Secured Promissory Note (Non-Negotiable) dated as of April 15, 2020 by Pacific Aurora, LLC in favor of Pacific Ethanol Central, LLC (Filed With SEC on April 21, 2020)

Assignment of Notes and Deeds of Trust dated as of April 15, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and CoBank, ACB (Filed With SEC on April 21, 2020)

Partial Release of Collateral Letter dated as of April 15, 2020 by and among Pacific Ethanol, Inc., Pacific Ethanol Central, LLC, CoBank, ACB and the other parties thereto (Filed With SEC on April 21, 2020)

PARTIAL RELEASE OF COLLATERAL LETTER (Filed With SEC on April 21, 2020)

Description of Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934 (Filed With SEC on March 30, 2020)

Amendment No. 3 to Second Amended and Restated Credit Agreement dated November 19, 2019 by and among Kinergy Marketing LLC, Pacific Ag. Products, LLC, the parties thereto from... (Filed With SEC on March 30, 2020)

Amendment No. 2 to Credit Agreement dated as of March 20, 2020 by and among Illinois Corn Processing, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on March 26, 2020)

Amendment No. 8 to Credit Agreement dated as of March 20, 2020 by and among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on March 26, 2020)

Note Amendment No. 5 dated as of March 20, 2020 by and among Pacific Ethanol, Inc. and the noteholders named therein (Filed With SEC on March 26, 2020)

Security Agreement dated March 20, 2020 by Illinois Corn Processing, LLC in favor of Cortland Products Corp (Filed With SEC on March 26, 2020)

Security Agreement dated March 20, 2020 by and between Pacific Ethanol Central, LLC and Cortland Products Corp (Filed With SEC on March 26, 2020)

Pledge Agreement dated March 20, 2020 by and among Pacific Ethanol Central, LLC, Illinois Corn Processing, LLC and Cortland Products Corp (Filed With SEC on March 26, 2020)

Pledge Agreement dated March 20, 2020 by and among Pacific Ethanol Central, LLC, Pacific Ethanol Pekin, LLC and Cortland Products Corp (Filed With SEC on March 26, 2020)

Pledge Agreement dated March 20, 2020 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and Cortland Products Corp (Filed With SEC on March 26, 2020)

Security Agreement dated March 20, 2020 by and among Pacific Ethanol West, LLC, PE Op Co. and Cortland Products Corp (Filed With SEC on March 26, 2020)

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.... (Filed With SEC on March 26, 2020)

Security Agreement effective as of March 20, 2020 by and between Pacific Ethanol, Inc. and CoBank, ACB (Filed With SEC on March 26, 2020)

Intercreditor Agreement dated as of March 20, 2020 by and among Cortland Products Corp., CoBank, ACB, Pacific Ethanol, Inc. and the grantors named therein (Filed With SEC on March 26, 2020)

Intercreditor Agreement dated as of March 20, 2020 between the Pekin Lenders and the ICP Lenders named therein (Filed With SEC on March 26, 2020)

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 (Filed With SEC on March 5, 2020)

Amendment No. 1 to Credit Agreement and Waiver dated December 20, 2019 among Illinois Corn Processing, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on January 21, 2020)

Amendment No. 7 to Credit Agreement and Waiver dated December 20, 2019 among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on January 21, 2020)

First Amendment to Security Agreement dated December 20, 2019 by and between Illinois Corn Processing, LLC and CoBank, ACB for the benefit of Compeer Financial, PCA (Filed With SEC on January 21, 2020)

First Amendment to Security Agreement dated December 20, 2019 by and between Pacific Ethanol Central, LLC and CoBank, ACB for the benefit of Compeer Financial, PCA (Filed With SEC on January 21, 2020)

Second Amendment to Security Agreement dated December 20, 2019 by and between Pacific Ethanol Pekin, LLC and CoBank, ACB for the benefit of Compeer Financial, PCA (Filed With SEC on January 21, 2020)

Guaranty by Illinois Corn Processing, LLC dated December 20, 2019 in favor of Compeer Financial, PCA and CoBank, ACB (Filed With SEC on January 21, 2020)

Amended and Restated Guaranty and Contribution Agreement dated December 20, 2019 by Pacific Ethanol Central, LLC for the benefit of Compeer Financial, PCA and CoBank, ACB (Filed With SEC on January 21, 2020)

Guaranty by Pacific Ethanol Pekin, LLC dated December 20, 2019 in favor of Compeer Financial, PCA and CoBank, ACB (Filed With SEC on January 21, 2020)

Pledge Agreement dated December 20, 2019 by and among Pacific Ethanol Central, LLC, Pacific Ethanol Pekin, LLC and CoBank, ACB (Filed With SEC on January 21, 2020)

Pledge Agreement dated December 20, 2019 by and among Pacific Ethanol Central, LLC, Illinois Corn Processing, LLC and CoBank, ACB (Filed With SEC on January 21, 2020)

First Amendment to Pledge Agreement dated December 20, 2019 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and CoBank, ACB (Filed With SEC on January 21, 2020)

Amendment to Illinois Future Advance Real Estate Mortgage dated December 20, 2019 by and between Illinois Corn Processing, LLC and Compeer Financial, PCA (Filed With SEC on January 21, 2020)

Third Amendment to Illinois Future Advance Real Estate Mortgage dated December 20, 2019 by and between Pacific Ethanol Pekin, LLC and Compeer Financial, PCA (Filed With SEC on January 21, 2020)

Amended and Restated Term Note dated December 20, 2019 by Illinois Corn Processing, LLC in favor of Compeer Financial, PCA (Filed With SEC on January 21, 2020)

Amended and Restated Revolving Term Note dated December 20, 2019 by Illinois Corn Processing, LLC in favor of Compeer Financial, PCA (Filed With SEC on January 21, 2020)

Third Amended and Restated Revolving Term Note dated December 20, 2019 by Pacific Ethanol Pekin, LLC in favor of Compeer Financial, PCA (Filed With SEC on January 21, 2020)

Fourth Amended and Restated Term Note dated December 20, 2019 by Pacific Ethanol Pekin, LLC in favor of Compeer Financial, PCA (Filed With SEC on January 21, 2020)

First Amendment to Amendment No. 6 to Credit Agreement and Other Loan Documents dated as of December 15, 2019 by and among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and... (Filed With SEC on December 26, 2019)

Senior Secured Note Amendment Agreement No. 1 to the Notes dated as of December 16, 2019 by and among Pacific Ethanol, Inc. and the noteholders named therein (Filed With SEC on December 26, 2019)

Senior Secured Note Amendment Agreement dated as of December 22, 2019 among Pacific Ethanol, Inc. and the noteholders named therein (Filed With SEC on December 26, 2019)

Form of Amended and Restated Senior Secured Note for an aggregate principal amount of $65,649,177.91 issued on December 22, 2019 pursuant to the Senior Secured Note Amendment... (Filed With SEC on December 26, 2019)

Form of Warrant to Purchase Common Stock for an aggregate of up to 5,500,000 shares issued on December 22, 2019 pursuant to the Senior Secured Note Amendment Agreement dated... (Filed With SEC on December 26, 2019)

Registration Rights Agreement dated as of December 22, 2019 among Pacific Ethanol, Inc. and the holders named therein (Filed With SEC on December 26, 2019)

Second Amendment to Security Agreement dated as of December 22, 2019 among Pacific Ethanol, Inc., the holders named therein and Cortland Capital Market Services LLC (Filed With SEC on December 26, 2019)

Amendment No. 6 to Credit Agreement dated November 15, 2019 by and among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on November 19, 2019)

At Market Issuance Sales Agreement dated as of September 19, 2019, by and between the Company and H.C. Wainwright & Co., LLC (Filed With SEC on September 19, 2019)

Amendment No. 2 to Second Amended and Restated Credit Agreement dated July 31, 2019 by and among Kinergy Marketing LLC, Pacific Ag. Products, LLC, the parties thereto from time to... (Filed With SEC on August 6, 2019)

Amendment No. 5 to Credit Agreement dated July 15, 2019 by and among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on July 19, 2019)

Amendment No. 4 to Credit Agreement and Other Loan Documents dated March 20, 2019 by and among Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on May 3, 2019)

Third Amended and Restated Term Note dated March 20, 2019 by Pacific Ethanol Pekin, LLC in favor of Compeer Financial, PCA in the face amount of $64,000,000 (Filed With SEC on May 3, 2019)

Second Amended and Restated Revolving Term Note dated March 20, 2019 by Pacific Ethanol Pekin, LLC in favor of Compeer Financial, PCA in the face amount of $32,000,000 (Filed With SEC on May 3, 2019)

Security Agreement dated March 20, 2019 by and among Pacific Ethanol Pekin, LLC, Compeer Financial PCA and CoBank ACB (Filed With SEC on May 3, 2019)

Guaranty and Contribution Agreement dated March 20, 2019 by Pacific Ethanol Central, LLC for the benefit of Compeer Financial, PCA and CoBank, ACB (Filed With SEC on May 3, 2019)

Pledge Agreement dated March 20, 2019 by and among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and CoBank, ACB (Filed With SEC on May 3, 2019)

Amendment No. 1 to Second Amended and Restated Credit Agreement dated March 27, 2019 by and among Kinergy Marketing LLC, Pacific Ag. Products, LLC and Wells Fargo Bank, National... (Filed With SEC on May 3, 2019)

Pacific Ethanol, Inc. 2019 Short-Term Incentive Plan Description (Filed With SEC on May 3, 2019)

Pacific Ethanol, Inc. Policy for Recoupment of Incentive Compensation dated March 29, 2018 (Filed With SEC on March 18, 2019)

Form of Clawback Policy Acknowledgement and Agreement (Filed With SEC on March 18, 2019)

Pacific Ethanol, Inc. 2018 Short-Term Incentive Plan Description (Filed With SEC on May 10, 2018)

2016 Stock Incentive Plan, as amended (Filed With SEC on May 10, 2018)

Amendment No. 3 to Credit Agreement, dated as of March 30, 2018, by and between Pacific Ethanol Pekin, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on April 5, 2018)

Second Amended and Restated Term Note dated March 30, 2018 by Pacific Ethanol Pekin, LLC in favor of Compeer Financial, PCA (Filed With SEC on April 5, 2018)

Form of Employee Restricted Stock Agreement under 2016 Stock Incentive Plan (Filed With SEC on March 15, 2018)

Amendment No. 1 to Credit Agreement dated March 1, 2017 among Pacific Ethanol Pekin, LLC, 1st Farm Credit Services, PCA and CoBank, ACB (Filed With SEC on March 15, 2018)

Credit Agreement dated September 15, 2017 by and between Illinois Corn Processing, LLC, Compeer Financial, PCA and CoBank, ACB (Filed With SEC on September 21, 2017)

Term Note dated September 15, 2017 by Illinois Corn Processing, LLC in favor of Compeer Financial, PCA (Filed With SEC on September 21, 2017)

Revolving Term Note dated September 15, 2017 by Illinois Corn Processing, LLC in favor of Compeer Financial, PCA (Filed With SEC on September 21, 2017)

Illinois Future Advance Real Estate Mortgage dated September 15, 2017 by Illinois Corn Processing, LLC in favor of CoBank, ACB (Filed With SEC on September 21, 2017)

Security Agreement dated September 15, 2017 by Illinois Corn Processing, LLC in favor of CoBank, ACB (Filed With SEC on September 21, 2017)

AMENDMENTNO. 2 TO CREDIT AGREEMENT (Filed With SEC on August 11, 2017)

Form of Senior Note for an aggregate principal amount of $13,948,078 issued on June 30, 2017 pursuant to the Note Purchase Agreement, dated June 26, 2017, by and among Pacific... (Filed With SEC on July 5, 2017)

First Amendment to Security Agreement, dated June 30, 2017, by and among Pacific Ethanol, Inc., Cortland Capital Market Services LLC and the holders of Pacific Ethanol, Inc.s... (Filed With SEC on July 5, 2017)

Promissory Note issued to Illinois Corn Processing Holdings Inc. on July 3, 2017 (Filed With SEC on July 5, 2017)

Promissory Note issued to MGPI Processing, Inc. on July 3, 2017 (Filed With SEC on July 5, 2017)

AGREEMENT AND PLAN OF MERGER by and among PACIFIC ETHANOL CENTRAL, LLC, ICP MERGER SUB, LLC, ILLINOIS CORN PROCESSING, LLC, ILLINOIS CORN PROCESSING HOLDINGS INC. and MGPI... (Filed With SEC on June 27, 2017)

NOTE PURCHASE AGREEMENT (Filed With SEC on June 27, 2017)

CONSENT OF HOLDERS AND AMENDMENT OF SENIOR SECURED NOTES (Filed With SEC on June 27, 2017)

Pacific Ethanol, Inc. 2017 Short-Term Incentive Plan Description (Filed With SEC on May 10, 2017)

PACIFIC ETHANOL, INC. RESTRICTED STOCK AGREEMENT (Filed With SEC on March 15, 2017)

PacificEthanol, Inc. AMENDED AND RESTATED EMPLOYMENT AGREEMENT for NEIL M. KOEHLER (Filed With SEC on March 15, 2017)

PacificEthanol, Inc. AMENDED AND RESTATED EMPLOYMENT AGREEMENT for CHRISTOPHER W. WRIGHT (Filed With SEC on March 15, 2017)

PacificEthanol, Inc. AMENDED AND RESTATED EMPLOYMENT AGREEMENT for BRYON T. MCGREGOR (Filed With SEC on March 15, 2017)

PacificEthanol, Inc. AMENDED AND RESTATED EMPLOYMENT AGREEMENT for MICHAEL D. KANDRIS (Filed With SEC on March 15, 2017)

PacificEthanol, Inc. AMENDED AND RESTATED EMPLOYMENT AGREEMENT for PAUL P. KOEHLER (Filed With SEC on March 15, 2017)

PacificEthanol, Inc. AMENDED AND RESTATED EMPLOYMENT AGREEMENT for JAMES SNEED (Filed With SEC on March 15, 2017)

Pacific Ethanol, Inc. 2016 Short-Term Incentive Plan (“Plan”)Description (Filed With SEC on March 15, 2017)

AMENDMENT NO. 6 TO AMENDED AND RESTATED LOANAND SECURITY AGREEMENT (Filed With SEC on March 15, 2017)

AMENDMENT NO. 7 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (Filed With SEC on March 15, 2017)

AMENDMENT NO. 8 TO AMENDED AND RESTATEDLOAN AND SECURITY AGREEMENT (Filed With SEC on March 15, 2017)

Form of Note (Filed With SEC on December 20, 2016)

SECURITY AGREEMENT (Filed With SEC on December 20, 2016)

CREDIT AGREEMENT by and between PACIFIC ETHANOL PEKIN, INC. as Company, 1stFARM CREDIT SERVICES, PCA as Lender and CoBank,ACB as Cash Management Provider and Agent Dated as of... (Filed With SEC on December 20, 2016)

CoBANK, ACB SECURITYAGREEMENT (Filed With SEC on December 20, 2016)

CREDIT AGREEMENT by and between PACIFIC AURORA, LLC, PACIFIC ETHANOL AURORA EAST, LLC and PACIFIC ETHANOL AURORA WEST, LLC as Company and CoBank,ACB as Lender Dated as of December... (Filed With SEC on December 20, 2016)

CoBANK,ACB SECURITYAGREEMENT (Filed With SEC on December 20, 2016)

WORKINGCAPITAL MAINTENANCE AGREEMENT (Filed With SEC on December 20, 2016)

CONTRIBUTION AGREEMENT (Filed With SEC on December 12, 2016)

NOTE PURCHASE AGREEMENT (Filed With SEC on December 12, 2016)

PACIFICETHANOL, INC. 2016STOCK INCENTIVE PLAN ARTICLEONE GENERAL PROVISIONS (Filed With SEC on May 9, 2016)

Pacific Ethanol, Inc.2015 Short-Term Incentive Plan (“Plan”) Description (Filed With SEC on March 15, 2016)

AMENDMENTNO. 4 TO AMENDED AND RESTATED LOAN AND SECURITYAGREEMENT (Filed With SEC on March 15, 2016)

AMENDMENT NO. 5 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (Filed With SEC on March 15, 2016)

SECOND AMENDMENT TO SECOND AMENDED ANDRESTATED CREDIT AGREEMENT (Filed With SEC on March 15, 2016)

FOURTH AMENDMENT TO SECOND AMENDED ANDRESTATED CREDIT AGREEMENT (Filed With SEC on March 15, 2016)

FIFTH AMENDMENT TO SECOND AMENDED ANDRESTATED CREDIT AGREEMENT (Filed With SEC on March 15, 2016)

AMENDMENT NO. 3 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (Filed With SEC on July 6, 2015)

AMENDMENT NO. 2 TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (Filed With SEC on July 6, 2015)

KINERGY MARKETING LLC 400 Capitol Mall, Suite 2060 Sacramento, California 95814 (Filed With SEC on July 6, 2015)

AMENDMENT NO. 1 TO AGREEMENT AND PLANOF MERGER (Filed With SEC on April 2, 2015)

AGREEMENT AND PLAN OF MERGER by andamong PACIFIC ETHANOL, INC., AVR MERGER SUB, INC. AND AVENTINE RENEWABLE ENERGY HOLDINGS, INC. Dated as of December 30, 2014 (Filed With SEC on December 31, 2014)

STOCKHOLDERS AGREEMENT (Filed With SEC on December 31, 2014)

Pacific Ethanol, Inc.2014 Short-Term Incentive Plan (“Plan”) Description (Filed With SEC on June 13, 2014)

Kinergy Marketing LLC(“Kinergy”) 2014 Short-Term Incentive Plan (“Plan”) Description (Filed With SEC on June 13, 2014)

LENDER ASSIGNMENT AGREEMENT (Filed With SEC on June 10, 2014)

LENDER ASSIGNMENTAGREEMENT (Filed With SEC on June 10, 2014)

AGREEMENTFOR PURCHASE AND SALE OF LOANS AND ASSIGNMENT OF COMMITMENT (Filed With SEC on June 10, 2014)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 May 23, 2014 (Filed With SEC on May 28, 2014)

1,750,000 Shares of Common Stock, parvalue $0.001 PACIFIC ETHANOL, INC. UNDERWRITING AGREEMENT (Filed With SEC on April 3, 2014)

SECOND AMENDMENT TOCREDIT AGREEMENT (Filed With SEC on April 2, 2014)

FORM OF AGREEMENT FOR PURCHASE AND SALE OF UNITS IN NEW PE HOLDCO LLC (Filed With SEC on March 31, 2014)

AGREEMENT FOR PURCHASE AND SALE OF UNITSIN NEW PE HOLDCO LLC (Filed With SEC on March 31, 2014)

FORM OF AGREEMENT FOR PURCHASE AND SALE OF UNITS IN NEW PE HOLDCO LLC (Filed With SEC on March 31, 2014)

PACIFICETHANOL, INC. AMENDED AND RESTATED EXECUTIVE EMPLOYMENTAGREEMENT for PAUL P. KOEHLER (Filed With SEC on March 31, 2014)

PACIFIC ETHANOL, INC. EMPLOYMENT AGREEMENT for JAMES SNEED (Filed With SEC on March 31, 2014)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 December 16, 2013 (Filed With SEC on December 16, 2013)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 September 13, 2013 (Filed With SEC on September 17, 2013)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 July 26, 2013 (Filed With SEC on July 31, 2013)

AGREEMENT FOR PURCHASE AND SALE OFLOANS AND UNITS (Filed With SEC on June 28, 2013)

FIRST AMENDMENT TOSECOND AMENDED AND RESTATED CREDIT AGREEMENT (Filed With SEC on June 28, 2013)

FIRST AMENDMENT TO CREDIT AGREEMENT (Filed With SEC on June 28, 2013)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 December 26, 2012 (Filed With SEC on June 28, 2013)

FIRST AMENDMENT TO PROMISSORY NOTE (Filed With SEC on June 28, 2013)

SECOND AMENDMENT TO PROMISSORY NOTE (Filed With SEC on June 28, 2013)

THIRD AMENDMENT TO PROMISSORY NOTE (Filed With SEC on June 28, 2013)

FOURTH AMENDMENT TO PROMISSORY NOTE (Filed With SEC on June 28, 2013)

AGREEMENT FOR PURCHASE AND SALEOF LOANS AND UNITS (Filed With SEC on June 26, 2013)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 March 27, 2013 (Filed With SEC on May 15, 2013)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on March 28, 2013)

[FORM OF SERIES [A][B] SUBORDINATEDCONVERTIBLE NOTE] (Filed With SEC on March 28, 2013)

[FORM OF SERIES [A][B]WARRANT] PACIFIC ETHANOL, INC. Series[A][B] Warrant To Purchase Common Stock (Filed With SEC on March 28, 2013)

PACIFIC ETHANOL, INC. AND U.S. BANK NATIONAL ASSOCIATION Trustee ________________________ INDENTURE DATED AS OF MARCH 28, 2013 ________________________ CONVERTIBLE SUBORDINATED... (Filed With SEC on March 28, 2013)

PACIFIC ETHANOL, INC. TO U.S. BANK NATIONAL ASSOCIATION, as Trustee (Filed With SEC on March 28, 2013)

AMENDMENT AGREEMENT (Filed With SEC on March 28, 2013)

Subordinated Convertible Notes and Warrants to Purchase Shares ofCommon Stock PACIFIC ETHANOL, INC. PLACEMENT AGENT AGREEMENT (Filed With SEC on March 28, 2013)

FIRST AMENDMENT TOSECOND AMENDED AND RESTATED CREDIT AGREEMENT (Filed With SEC on February 8, 2013)

FIRST AMENDMENT TO CREDIT AGREEMENT (Filed With SEC on February 8, 2013)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 December 26, 2012 (Filed With SEC on February 8, 2013)

FIRST AMENDMENT TO PROMISSORY NOTE (Filed With SEC on February 8, 2013)

SECOND AMENDMENT TO PROMISSORY NOTE (Filed With SEC on February 8, 2013)

THIRD AMENDMENT TO PROMISSORY NOTE (Filed With SEC on February 8, 2013)

FOURTH AMENDMENT TO PROMISSORY NOTE (Filed With SEC on February 8, 2013)

Pacific Ethanol, Inc. Senior Unsecured Note (Filed With SEC on January 15, 2013)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on January 15, 2013)

PacificEthanol, Inc. EXECUTIVE EMPLOYMENT AGREEMENT for MICHAEL KANDRIS (Filed With SEC on January 10, 2013)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on December 19, 2012)

Pacific Ethanol, Inc. [FORM OF] Senior Unsecured Note (Filed With SEC on December 19, 2012)

PACIFICETHANOL, INC. [FORMOF] WarrantTo Purchase Common Stock (Filed With SEC on December 19, 2012)

FORM OF REGISTRATION RIGHTS AGREEMENT (Filed With SEC on December 19, 2012)

FORM OF AGREEMENT FOR PURCHASE ANDSALE OF UNITS IN NEW PE HOLDCO LLC (Filed With SEC on December 19, 2012)

27,500,000 Shares of Common Stock, par value $0.001 Warrantsto Purchase 27,500,000 Shares of Common Stock and 4,125,000 Additional Shares Additional Warrants to Purchase 4,125,000... (Filed With SEC on September 21, 2012)

PACIFIC ETHANOL, INC. WARRANT TO PURCHASE COMMON STOCK (Filed With SEC on September 21, 2012)

Pacific Ethanol, Inc. 400 Capitol Mall, Suite 2060 Sacramento, CA 95814 August 21, 2012 (Filed With SEC on August 24, 2012)

PacificEthanol, Inc. SeniorUnsecured Note (Filed With SEC on July 19, 2012)

28,000,000 Shares of Common Stock, par value $0.001 Series I Warrants to Purchase 28,000,000 Shares of Common Stock Series II Warrants to Purchase 14,000,000 Shares of Common... (Filed With SEC on June 28, 2012)

PACIFIC ETHANOL, INC. (Filed With SEC on June 28, 2012)

AGREEMENT FOR PURCHASE AND SALE OF UNITS IN NEW PE HOLDCO LLC (Filed With SEC on June 27, 2012)

AMENDMENT NO. 1 TO REGISTRATION RIGHTS AGREEMENT (Filed With SEC on March 8, 2012)

KINERGY MARKETING LLC (Filed With SEC on January 31, 2012)

INDEPENDENT CONTRACTOR SERVICES AGREEMENT (Filed With SEC on January 5, 2012)

AGREEMENT FOR PURCHASE AND SALE OF UNITS IN NEW PE HOLDCO LLC (Filed With SEC on December 22, 2011)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on December 22, 2011)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on December 12, 2011)

[FORM OF WARRANT] (Filed With SEC on December 12, 2011)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on December 9, 2011)

[FORM OF WARRANT] (Filed With SEC on December 9, 2011)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on December 9, 2011)

AGREEMENT FOR PURCHASE AND SALE OF UNITS IN NEW PE HOLDCO LLC (Filed With SEC on December 2, 2011)

[FORM OF EXCHANGE AGREEMENT] (Filed With SEC on August 4, 2011)

[FORM OF THIRD EXCHANGED SENIOR CONVERTIBLE NOTE] (Filed With SEC on August 4, 2011)

SECOND AMENDMENT AND EXCHANGE AGREEMENT (Filed With SEC on July 1, 2011)

[FORM OF SECOND EXCHANGED SENIOR CONVERTIBLE NOTE] (Filed With SEC on July 1, 2011)

KINERGY MARKETING LLC 400 Capitol Mall, Suite 2060 Sacramento, California 95814 as of April 8, 2011 Wells Fargo Capital Finance, LLC,as Agent for and on behalf of theLenders as... (Filed With SEC on June 13, 2011)

KINERGY MARKETING LLC 400 Capitol Mall, Suite 2060 Sacramento, California 95814 (Filed With SEC on June 13, 2011)

LIMITED LIABILITY COMPANY AGREEMENT OF NEW PE HOLDCO LLC (Filed With SEC on March 31, 2011)

[FORM OF AMENDMENT AND WAIVER AGREEMENT] AMENDMENT AND WAIVER AGREEMENT (Filed With SEC on March 25, 2011)

PACIFIC ETHANOL, INC. (Filed With SEC on January 27, 2011)

FORM OF AMENDMENT AND EXCHANGE AGREEMENT (Filed With SEC on January 7, 2011)

[FORM OF SENIOR CONVERTIBLE NOTE] (Filed With SEC on January 7, 2011)

[FORM OF WARRANT] (Filed With SEC on January 7, 2011)

Anti-takeover Provisions (Filed With SEC on January 7, 2011)

KINERGY MARKETING LLC 400 Capitol Mall, Suite 2060 Sacramento, California 95814 (Filed With SEC on December 20, 2010)

KINERGY MARKETING LLC 400 Capitol Mall, Suite 2060 Sacramento, California 95814 (Filed With SEC on October 27, 2010)

Anti-takeover Provisions (Filed With SEC on October 26, 2010)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on September 28, 2010)

[FORM OF SENIOR CONVERTIBLE NOTE] (Filed With SEC on September 28, 2010)

[FORM OF WARRANT] (Filed With SEC on September 28, 2010)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on September 28, 2010)

AGREEMENT FOR PURCHASE AND SALE OF UNITS IN NEW PE HOLDCO LLC (Filed With SEC on September 28, 2010)

MEMBERSHIP INTEREST PURCHASE AGREEMENT (Filed With SEC on September 28, 2010)

KINERGY MARKETING LLC 400 Capitol Mall, Suite 2060 Sacramento, California 95814 (Filed With SEC on September 22, 2010)

THIRD AMENDMENT TO SETTLEMENT AGREEMENT (Filed With SEC on July 21, 2010)

NEW PE HOLDCO LLC (Filed With SEC on July 6, 2010)

[FORM OF] CORN PROCUREMENT AND HANDLING AGREEMENT by and between PACIFIC ETHANOL [_________], LLC and PACIFIC AG. PRODUCTS, LLC Dated as of June 29, 2010 (Filed With SEC on July 6, 2010)

ORIGINAL FILEDJUN 18 2010LOS ANGELESSUPERIOR COURT SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT Socius CG II, Ltd.,Plaintiff,v.Pacific... (Filed With SEC on June 24, 2010)

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE (Filed With SEC on June 11, 2010)

SUPERIORCOURT OF THE STATE OF CALIFORNIA FOR THECOUNTY OF LOS ANGELES, CENTRAL DISTRICT (Filed With SEC on April 15, 2010)

PACIFICETHANOL, INC. INDEMNITYAGREEMENT (Filed With SEC on March 31, 2010)

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT Socius CG II, Ltd., Plaintiff,v.Pacific Ethanol, Inc. and Does 1-10 Inclusive,... (Filed With SEC on March 24, 2010)

SUPERIORCOURT OF THE STATE OF CALIFORNIA FOR THECOUNTY OF LOS ANGELES, CENTRAL DISTRICT (Filed With SEC on March 8, 2010)

PacificEthanol, Inc. (Filed With SEC on November 27, 2009)

FIRSTAMENDMENT TO SETTLEMENT AGREEMENT (Filed With SEC on November 20, 2009)

SETTLEMENTAGREEMENT (Filed With SEC on November 20, 2009)

KINERGYMARKETING LLC 400Capitol Mall, Suite 2060 Sacramento,California 95814 (Filed With SEC on May 18, 2009)

CONFIDENTIAL- - FOR DISCUSSION PURPOSES ONLY NOT A COMMITMENT TO LEND ____________ TERMSHEET PacificEthanol Holding Co. LLC and its debtor affiliates Debtor-in-PossessionCredit... (Filed With SEC on May 18, 2009)

PacificEthanol, Inc. (Filed With SEC on April 22, 2009)

Exhibit10.2 PacificEthanol, Inc. FIRSTAMENDMENT TO EMPLOYMENTAGREEMENT for BryanMcGregor (Filed With SEC on April 22, 2009)

Exhibit10.3 PACIFICETHANOL, INC. INDEMNITYAGREEMENT (Filed With SEC on April 22, 2009)

EXHIBIT10.01 AMENDMENTNO. 2 TO LETTERRE: AMENDMENT AND FORBEARANCE AGREEMENT (Filed With SEC on April 2, 2009)

EXHIBIT10.02 ExecutionVersion THIRDFORBEARANCE AGREEMENT (Filed With SEC on April 2, 2009)

EXHIBIT10.03 SECONDFORBEARANCE AGREEMENT (LYLES UNITED, LLC) (Filed With SEC on April 2, 2009)

PROMISSORYNOTE (FinalPayment) (Filed With SEC on April 2, 2009)

EXHIBIT10.05 PROMISSORYNOTE (Filed With SEC on April 2, 2009)

PROMISSORYNOTE (Filed With SEC on April 2, 2009)

AMENDMENTNO. 1 TO LETTERRE: AMENDMENT AND FORBEARANCE AGREEMENT (Filed With SEC on March 4, 2009)

SECONDLIMITED WAIVER AND FORBEARANCE AGREEMENT (Filed With SEC on March 4, 2009)

FORBEARANCEAGREEMENT (LYLES UNITED, LLC) (Filed With SEC on March 4, 2009)

KINERGYMARKETING LLC 400Capitol Mall, Suite 2060 Sacramento,California 95814 (Filed With SEC on February 20, 2009)

Exhibit10.2 LIMITEDWAIVER AND FORBEARANCE AGREEMENT (Filed With SEC on February 20, 2009)

Exhibit10.5 PacificEthanol, Inc. FIRSTAMENDMENT TO AMENDEDAND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT for ___________________ (Filed With SEC on January 5, 2009)

LOANRESTRUCTURING AGREEMENT (Filed With SEC on November 10, 2008)

AMENDEDAND RESTATED PROMISSORY NOTE (Filed With SEC on November 10, 2008)

SECURITYAGREEMENT (Filed With SEC on November 10, 2008)

LIMITEDRECOURSE GUARANTY (Filed With SEC on November 10, 2008)

UNCONDITIONALGUARANTY (Filed With SEC on November 10, 2008)

IRREVOCABLEJOINT INSTRUCTION LETTER November7, 2008 (Filed With SEC on November 10, 2008)

LOANAND SECURITY AGREEMENT byand among KINERGYMARKETING LLC asBorrower THELENDERSAND ISSUING BANK FROM TIME TO TIME PARTY HERETO WACHOVIACAPITAL FINANCE CORPORATION (WESTERN)... (Filed With SEC on August 1, 2008)

GUARANTEE (Filed With SEC on August 1, 2008)

SECURITIESPURCHASE AGREEMENT (Filed With SEC on May 23, 2008)

PACIFICETHANOL, INC. WARRANT (Filed With SEC on May 23, 2008)

PacificEthanol, Inc. 400Capitol Mall, Suite 2060 Sacramento,CA95814 May 22,2008 (Filed With SEC on May 23, 2008)

SUBSCRIPTIONAGREEMENT (Filed With SEC on May 23, 2008)

PACIFICETHANOL, INC. WarrantTo Purchase Common Stock (Filed With SEC on May 23, 2008)

6,000,000Shares of Common Stock andWarrants to Purchase 3,000,000 Shares of Common Stock PACIFICETHANOL, INC. PLACEMENT AGENTAGREEMENT (Filed With SEC on May 23, 2008)

FORBEARANCEAGREEMENT AND RELEASE (Filed With SEC on May 19, 2008)

REAFFIRMATIONOF GUARANTY (Filed With SEC on May 19, 2008)

OBLIGOR # (Filed With SEC on May 19, 2008)

FIRSTAMENDMENT TO LOAN AND SECURITY AGREEMENT (Filed With SEC on May 19, 2008)

CERTIFICATEOFDESIGNATIONS, POWERS,PREFERENCES AND RIGHTS OF THE SERIES B CUMULATIVECONVERTIBLE PREFERRED STOCK OF PACIFICETHANOL, INC. Pursuant to Section 151 ofthe Delaware... (Filed With SEC on March 27, 2008)

PACIFICETHANOL, INC. WARRANT Warrant No. W7-1 Dated:March27, 2008 (Filed With SEC on March 27, 2008)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on March 27, 2008)

PacificEthanol, Inc. 400Capitol Mall, Suite 2060 Sacramento,CA95814 March 27,2008 (Filed With SEC on March 27, 2008)

SERIESA PREFERRED STOCKHOLDER CONSENTAND WAIVER (Filed With SEC on March 27, 2008)

WAIVER AND THIRD AMENDMENTTO CREDIT AGREEMENT (Filed With SEC on March 27, 2008)

EXHIBIT10.1 EXECUTIONCOPY SECURITIESPURCHASE AGREEMENT Between PACIFICETHANOL, INC. and LYLESUNITED, LLC DatedMarch 18, 2008 (Filed With SEC on March 18, 2008)

PACIFIC ETHANOL, INC. EXECUTIVE EMPLOYMENT AGREEMENT for JOSEPH W. HANSEN (Filed With SEC on December 17, 2007)

PACIFIC ETHANOL, INC. INDEMNITY AGREEMENT (Filed With SEC on December 17, 2007)

PACIFIC ETHANOL, INC. AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT for NEIL M. KOEHLER (Filed With SEC on December 17, 2007)

PACIFIC ETHANOL, INC. AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT for JOHN T. MILLER (Filed With SEC on December 17, 2007)

PACIFIC ETHANOL, INC. AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT for CHRISTOPHER W. WRIGHT (Filed With SEC on December 17, 2007)

Pacific Ethanol, Inc. EXECUTIVE EMPLOYMENT AGREEMENT for DOUGLAS JEFFRIES (Filed With SEC on May 10, 2007)

PACIFIC ETHANOL, INC. INDEMNITY AGREEMENT (Filed With SEC on May 10, 2007)

ENGINEERING, PROCUREMENT AND TECHNOLOGY LICENSE AGREEMENT GENERAL CONDITIONS (Filed With SEC on November 20, 2006)

ENGINEERING, PROCUREMENT AND TECHNOLOGY LICENSE AGREEMENT GENERAL CONDITIONS (Plant No. 3) (Filed With SEC on November 20, 2006)

ENGINEERING, PROCUREMENT AND TECHNOLOGY LICENSE AGREEMENT GENERAL CONDITIONS (Plant No. 4) (Filed With SEC on November 20, 2006)

ENGINEERING, PROCUREMENT AND TECHNOLOGY LICENSE AGREEMENT GENERAL CONDITIONS (Plant No. 5) (Filed With SEC on November 20, 2006)

MEMBERSHIP INTEREST PURCHASE AGREEMENT (Filed With SEC on October 23, 2006)

PACIFIC ETHANOL, INC. WARRANT TO PURCHASE COMMON STOCK (Filed With SEC on October 23, 2006)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on October 23, 2006)

SECOND AMENDEDAND RESTATED OPERATING AGREEMENT OF FRONT RANGE ENERGY, LLC (Filed With SEC on October 23, 2006)

AMENDMENT NO. 1, DATED AS OF OCTOBER 17, 2006, OF THE SECOND AMENDED AND RESTATED OPERATING AGREEMENT OF FRONT RANGE ENERGY, LLC TO ADD A SUBSTITUTE MEMBER AND FOR CERTAIN OTHER... (Filed With SEC on October 23, 2006)

NON-COMPETITION AGREEMENT (Filed With SEC on October 23, 2006)

AMENDMENT NO. 1 TO CONSTRUCTION AND TERM LOAN AGREEMENT AND AGREEMENT AS TO FUTURE FINANCING TRANSACTIONS (Filed With SEC on October 12, 2006)

PACIFIC ETHANOL, INC. RESTRICTED STOCK AGREEMENT (Filed With SEC on October 10, 2006)

CONSTRUCTION AGREEMENT FOR THE BOARDMAN PROJECT BETWEEN Pacific Ethanol Columbia, LLC, as Owner AND Parsons RCIE Inc., as Contractor Dated as of August 28, 2006 TABLE OF CONTENTS (Filed With SEC on August 29, 2006)

AMENDED AND RESTATED ETHANOL PURCHASE AND SALE AGREEMENT by and between FRONT RANGE ENERGY, LLC and KINERGY MARKETING, LLC Dated as of August 9, 2006 TABLE OF CONTENTS (Filed With SEC on August 15, 2006)

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