0001213900-22-012260 Sample Contracts

Alto Ingredients, Inc. EMPLOYMENT AGREEMENT for AUSTE M. GRAHAM
Employment Agreement • March 15th, 2022 • Alto Ingredients, Inc. • Industrial organic chemicals • Illinois

This Employment Agreement (“Agreement”) by and between Auste M. Graham (“Executive”) and Alto Ingredients, Inc. (the “Company”) (collectively, the “Parties”) is effective as of the last date signed by the Parties.

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ASSET PURCHASE AGREEMENT dated as of November 5, 2021 by and among
Asset Purchase Agreement • March 15th, 2022 • Alto Ingredients, Inc. • Industrial organic chemicals • California

THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated effective as of November 5, 2021, is made and entered into by and among Pacific Ethanol Stockton LLC, a Delaware limited liability company (the “Seller”), Pelican Acquisition LLC, a California limited liability company (the “Purchaser”), and, for purposes of Article V and Article XI hereof, Alto Ingredients, Inc. a Delaware corporation (“Seller Parent”). Seller, Purchaser and (as provided above) Seller Parent are each referred to individually as a “Party” and collectively as the “Parties.”

WAIVER, CONSENT, AND AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDMENT TO OTHER AGREEMENTS
Credit Agreement • March 15th, 2022 • Alto Ingredients, Inc. • Industrial organic chemicals • California

This WAIVER, CONSENT, AND AMENDMENT NO. 4 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT AND AMENDMENT TO OTHER AGREEMENTS (this “Amendment”) is entered into as of March 8, 2021, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent (in such capacity, “Agent”) for each member of the Lender Group and the Bank Product Provider (as each such term is defined in the Credit Agreement referred to below), KINERGY MARKETING LLC (“Kinergy”), and ALTO NUTRIENTS, LLC, formerly known as Pacific AG. Products, LLC (“Alto” and together with Kinergy, each individually, a “Borrower” and collectively, the “Borrowers”).

WAIVER, CONSENT, AND AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • March 15th, 2022 • Alto Ingredients, Inc. • Industrial organic chemicals • California

This WAIVER, CONSENT, AND AMENDMENT NO. 5 TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) is entered into as of June 10, 2021, by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent (in such capacity, “Agent”) for each member of the Lender Group and the Bank Product Provider (as each such term is defined in the Credit Agreement referred to below), KINERGY MARKETING LLC (“Kinergy”), and ALTO NUTRIENTS, LLC, formerly known as Pacific AG. Products, LLC (“Alto” and together with Kinergy, each individually, a “Borrower” and collectively, the “Borrowers”).

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