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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 11/06/15 Pacific Ethanol, Inc. 10-Q 9/30/15 61:3.8M Publicease Inc/FA |
Document/Exhibit Description Pages Size 1: 10-Q Quarterly Report HTML 460K 2: EX-3.1 Certificate of Incorporation HTML 34K 3: EX-3.2 Certificate of Designations HTML 90K 4: EX-3.3 Certificate of Designations HTML 83K 5: EX-3.4 Certificate of Amendment HTML 19K 6: EX-3.5 Certificate of Amendment HTML 21K 7: EX-3.6 Certificate of Amendment HTML 21K 8: EX-3.7 Certificate of Amendment HTML 58K 9: EX-31.1 Certification -- §302 - SOA'02 HTML 22K 10: EX-31.2 Certification -- §302 - SOA'02 HTML 22K 11: EX-32.1 Certification -- §906 - SOA'02 HTML 19K 41: R1 Document and Entity Information HTML 43K 31: R2 Consolidated Balance Sheets HTML 129K 39: R3 Consolidated Balance Sheets (Parenthetical) HTML 52K 43: R4 Consolidated Statements of Operations HTML 81K 56: R5 Consolidated Statements of Cash Flows HTML 180K 32: R6 1. Organization and Basis of Presentation HTML 39K 38: R7 2. Pacific Ethanol West Plants HTML 24K 28: R8 3. Acquisition of Aventine HTML 47K 23: R9 4. Inventories HTML 26K 57: R10 5. Derivatives HTML 61K 45: R11 6. Debt HTML 37K 44: R12 7. Pension and Retirement Benefit Plans HTML 24K 49: R13 8. Common Stock and Warrants HTML 28K 50: R14 9. Commitments and Contingencies HTML 37K 48: R15 10. Fair Value Measurements HTML 88K 51: R16 11. Earnings Per Share HTML 53K 40: R17 1. Organization and Basis of Presentation HTML 55K (Policies) 42: R18 3. Acquisition of Aventine (Tables) HTML 40K 47: R19 4. Inventories (Tables) HTML 25K 61: R20 5. Derivatives (Tables) HTML 52K 53: R21 6. Debt (Tables) HTML 29K 35: R22 10. Fair Value Measurements (Tables) HTML 85K 46: R23 11. Earnings Per Share (Tables) HTML 51K 37: R24 1. Organization and Basis of Presentation (Details HTML 38K Narrative) 21: R25 2. Pacific Ethanol West Plants (Details Narrative) HTML 30K 54: R26 3. Acquisition of Aventine (Details - Purchase HTML 70K allocation) 58: R27 3. Acquisition of Aventine (Details - Pro forma) HTML 30K 25: R28 3. Acquisition of Aventine (Details Narrative) HTML 52K 24: R29 4. Inventories (Details) HTML 30K 26: R30 5. Derivatives (Details - derivatives) HTML 23K 27: R31 5. Derivatives (Details - Recognized gains HTML 27K (Losses)) 29: R32 6. Debt (Details - Long term borrowings) HTML 36K 20: R33 6. Debt (Details Narrative) HTML 51K 52: R34 7. Pension and Retirement Benefits (Details HTML 36K Narrative) 34: R35 8. Common Stock and Warrants (Details Narrative) HTML 54K 36: R36 9. Commitments and Contingencies (Details HTML 31K Narrative) 22: R37 10. Fair Value Measurements (Details-Significant HTML 45K Assumptions and Fair Value) 60: R38 10. Fair Value Measurements (Details-Fair value HTML 45K measurements) 18: R39 10. Fair Value Measurements (Details-Level 3) HTML 31K 30: R40 11. Earnings Per Share (Details) HTML 50K 55: R41 11. Earnings Per Share (Details Narrative) HTML 21K 59: XML IDEA XML File -- Filing Summary XML 95K 19: EXCEL IDEA Workbook of Financial Reports XLSX 54K 12: EX-101.INS XBRL Instance -- peix-20150930 XML 901K 14: EX-101.CAL XBRL Calculations -- peix-20150930_cal XML 162K 15: EX-101.DEF XBRL Definitions -- peix-20150930_def XML 358K 16: EX-101.LAB XBRL Labels -- peix-20150930_lab XML 670K 17: EX-101.PRE XBRL Presentations -- peix-20150930_pre XML 538K 13: EX-101.SCH XBRL Schema -- peix-20150930 XSD 95K 33: ZIP XBRL Zipped Folder -- 0001019687-15-003940-xbrl Zip 89K
Exhibit 3.5
CERTIFICATE OF AMENDMENT
OF
OF
PACIFIC ETHANOL, INC.
a Delaware corporation
PACIFIC ETHANOL, INC. a corporation organized and existing under the laws of the State of Delaware (the “Corporation”), hereby certifies as follows:
1. The name of the Corporation is PACIFIC ETHANOL, INC.
2. That the Corporation’s Certificate of Incorporation was filed with the Secretary of State of the State of Delaware on February 25, 2005 (the “Original Certificate”). The following were subsequently filed: (i) Certificate of Designations, Powers, Preferences and Rights of the Series A Cumulative Redeemable Convertible Preferred Stock filed with the Secretary of State of Delaware on April 12, 2006; (ii) Certificate of Designations, Powers, Preferences and Rights of the Series B Cumulative Convertible Preferred Stock filed with the Secretary of State of Delaware on April 2, 2008; and (iii) Certificate of Amendment of Certificate of Incorporation filed with the Secretary of State of Delaware on June 3, 2010 (collectively, the Original Certificate together with the subsequently filed certificates shall be referred to as the “Certificate of Incorporation”).
3. The Certificate of Incorporation of the Corporation is hereby amended by adding the following at the end of Article FOURTH:
“Reverse Stock Split. On the effective date of the amendment adding this paragraph to Article FOURTH pursuant to the General Corporation Law of the State of Delaware (the “Effective Date”), each share of common stock, par value $0.001 per share (the “Old Common Stock”), issued and outstanding immediately before the Effective Date, shall be and hereby is, reclassified as and changed into one-seventh (1/7) of a share of common stock, par value $0.001 per share (the “New Common Stock”). The Corporation shall, through its transfer agent, provide certificates representing New Common Stock to holders of Old Common Stock in exchange for certificates representing Old Common Stock. From and after the Effective Date, certificates representing shares of Old Common Stock are hereby canceled and shall represent only the right of holders thereof to receive New Common Stock. The Corporation shall not issue fractional shares of New Common Stock. The reverse stock split shall not increase or decrease the amount of stated capital or paid-in surplus of the Corporation, provided that any fractional share that would otherwise be issuable as a result of the reverse stock split shall be rounded up to the nearest whole share of New Common Stock. From and after the Effective Date, the term “New Common Stock” as used in this Article FOURTH shall mean common stock as provided in the Certificate of Incorporation.”
4. The amendment of the Certificate of Incorporation herein certified has been duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware.
5. The Effective Date of this Amendment will be Wednesday, June 8, 2011 at 12:01 a.m. Eastern Time.
IN WITNESS WHEREOF, said Corporation has caused this Certificate to be signed this 6th day of June, 2011.
/s/ Christopher W. Wright | |
Christopher W. Wright, | |
Vice President, General Counsel & Secretary |
This ‘10-Q’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 11/6/15 | |||
For Period end: | 9/30/15 | |||
6/8/11 | ||||
6/3/10 | 8-K, DEF 14A | |||
4/2/08 | ||||
4/12/06 | ||||
2/25/05 | 8-K | |||
List all Filings |
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