FORM OF] AMENDED AND RESTATED [__________] AGREEMENT by and between PACIFIC ETHANOL [_________] and PACIFIC AG. PRODUCTS, LLC Dated as of June 30, 2011Agreement • July 6th, 2011 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This AMENDED AND RESTATED CORN PROCUREMENT AND HANDLING AGREEMENT (this “Agreement”) is made and entered into as of June 30, 2011 by and between Pacific Ethanol [_________], a Delaware limited liability company (“[Plant Owner]”), and Pacific Ag. Products, LLC, a California limited liability company (“PAP”). [Plant Owner] and PAP are each individually referred to herein as a “Party”, and collectively are referred to herein as the “Parties”.
SECOND AMENDED AND RESTATED ASSET MANAGEMENT AGREEMENTAsset Management Agreement • July 6th, 2011 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
If six-month EBITDA for plant with a 40 million gallon Operating Capacity is $5 million and the plant produced 20 million gallons of ethanol during such period, the incentive fee would be calculated as follows:
FORM OF] AMENDED AND RESTATED ETHANOL MARKETING AGREEMENT ([__________] PROJECT) by and between PACIFIC ETHANOL [__________], LLC and KINERGY MARKETING, LLC Dated as of June 30, 2011Ethanol Marketing Agreement • July 6th, 2011 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This AMENDED AND RESTATED ETHANOL MARKETING AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into by and between PACIFIC ETHANOL [__________], LLC, a Delaware limited liability company (“Project Company”), and KINERGY MARKETING, LLC, an Oregon limited liability company (“Kinergy”), as of June 30, 2011. Project Company and Kinergy are each individually referred to herein as a “Party”, and collectively are referred to herein as the “Parties”.
AMENDED AND RESTATED DISTILLERS GRAINS MARKETING AGREEMENT ([__________] PROJECT) by and between PACIFIC ETHANOL [__________], LLC and PACIFIC AG. PRODUCTS, LLC Dated as of June 30, 2011Distillers Grains Marketing Agreement • July 6th, 2011 • Pacific Ethanol, Inc. • Industrial organic chemicals • New York
This AMENDED AND RESTATED DISTILLERS GRAINS MARKETING AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into by and between PACIFIC ETHANOL [__________], LLC, a Delaware limited liability company (“Project Company”), and PACIFIC AG. PRODUCTS, LLC, a California limited liability company (“PAP”), as of June 30, 2011. Project Company and PAP are each individually referred to herein as a “Party”, and collectively are referred to herein as the “Parties”.
