LOAN AND SECURITY AGREEMENT by and among KINERGY MARKETING LLC as Borrower THE LENDERS AND ISSUING BANK FROM TIME TO TIME PARTY HERETO WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN) as Agent WACHOVIA CAPITAL MARKETS, LLC as Sole Lead Arranger, Manager...Loan and Security Agreement • August 1st, 2008 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
This Loan and Security Agreement dated July 28, 2008 is entered into by and among KINERGY MARKETING LLC, an Oregon limited liability company (“Borrower” as hereinafter further defined), the parties hereto from time to time as lenders, whether by execution of this Agreement or an Assignment and Acceptance (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined), WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, in its capacity as Issuing Bank, and WACHOVIA CAPITAL FINANCE CORPORATION (WESTERN), a California corporation, in its capacity as agent for Lenders (in such capacity, “Agent” as hereinafter further defined).
GUARANTEEGuarantee • August 1st, 2008 • Pacific Ethanol, Inc. • Industrial organic chemicals • California
THIS GUARANTEE (“Guarantee”), dated July 28, 2008, is by Pacific Ethanol, Inc., a Delaware corporation (“Guarantor”), having an office at 400 Capital Mall, Suite 2060, Sacramento, California 95814, in favor of Wachovia Capital Finance Corporation (Western), a California corporation, in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the parties thereto as lenders (in such capacity, “Agent”), having an office at 251 South Lake Avenue, Pasadena, California 91101.
