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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 1/21/20 Pacific Ethanol, Inc. S-1 134:20M Edgar Agents LLC/FA |
Document/Exhibit Description Pages Size 1: S-1 Registration Statement (General Form) HTML 1.45M 2: EX-5.1 Opinion of Troutman Sanders LLP HTML 40K 3: EX-10.49 Amendment No. 1 to Credit Agreement and Waiver HTML 112K Dated December 20, 2019 Among Illinois Corn Processing, LLC, Compeer Financial, Pca and Cobank, Acb 4: EX-10.50 Amendment No. 7 to Credit Agreement and Waiver HTML 120K Dated December 20, 2019 Among Pacific Ethanol Pekin, LLC, Compeer Financial, Pca and Cobank, Acb 5: EX-10.51 First Amendment to Security Agreement Dated HTML 51K December 20, 2019 by and Between Illinois Corn Processing, LLC and Cobank, Acb for the Benefit of Compeer Financial, Pca 6: EX-10.52 First Amendment to Security Agreement Dated HTML 52K December 20, 2019 by and Between Pacific Ethanol Central, LLC and Cobank, Acb for the Benefit of Compeer Financial, Pca 7: EX-10.53 Second Amendment to Security Agreement Dated HTML 47K December 20, 2019 by and Between Pacific Ethanol Pekin, LLC and Cobank, Acb for the Benefit of Compeer Financial, Pca 8: EX-10.54 Guaranty by Illinois Corn Processing, LLC Dated HTML 64K December 20, 2019 in Favor of Compeer Financial, Pca and Cobank, Acb 9: EX-10.55 Amended and Restated Guaranty and Contribution HTML 72K Agreement Dated December 20, 2019 by Pacific Ethanol Central, LLC for the Benefit of Compeer Financial, Pca and Cobank, Acb 10: EX-10.56 Guaranty by Pacific Ethanol Pekin, LLC Dated HTML 65K December 20, 2019 in Favor of Compeer Financial, Pca and Cobank, Acb 11: EX-10.57 Pledge Agreement Dated December 20, 2019 by and HTML 87K Among Pacific Ethanol Central, LLC, Pacific Ethanol Pekin, LLC and Cobank, Acb 12: EX-10.58 Pledge Agreement Dated December 20, 2019 by and HTML 85K Among Pacific Ethanol Central, LLC, Illinois Corn Processing, LLC and Cobank, Acb 13: EX-10.59 First Amendment to Pledge Agreement Dated December HTML 50K 20, 2019 by and Among Pacific Ethanol Central, LLC, Pacific Aurora, LLC and Cobank, Acb 14: EX-10.60 Amendment to Illinois Future Advance Real Estate HTML 56K Mortgage Dated December 20, 2019 by and Between Illinois Corn Processing, LLC and Compeer Financial, Pca 15: EX-10.61 Third Amendment to Illinois Future Advance Real HTML 57K Estate Mortgage Dated December 20, 2019 by and Between Pacific Ethanol Pekin, LLC and Compeer Financial, Pca 16: EX-10.62 Amended and Restated Term Note Dated December 20, HTML 54K 2019 by Illinois Corn Processing, LLC in Favor of Compeer Financial, Pca 17: EX-10.63 Amended and Restated Revolving Term Note Dated HTML 56K December 20, 2019 by Illinois Corn Processing, LLC in Favor of Compeer Financial, Pca 18: EX-10.64 Third Amended and Restated Revolving Term Note HTML 55K Dated December 20, 2019 by Pacific Ethanol Pekin, LLC in Favor of Compeer Financial, Pca 19: EX-10.65 Fourth Amended and Restated Term Note Dated HTML 50K December 20, 2019 by Pacific Ethanol Pekin, LLC in Favor of Compeer Financial, Pca 20: EX-23.2 Consent of Independent Registered Public HTML 33K Accounting Firm 115: R1 Document and Entity Information HTML 52K 77: R2 Consolidated Balance Sheets HTML 163K 37: R3 Consolidated Balance Sheets (Parenthetical) HTML 65K 100: R4 Consolidated Statements of Operations HTML 100K 113: R5 Consolidated Statements of Comprehensive Income HTML 55K (Loss) 75: R6 Consolidated Statements of Cash Flows HTML 176K 35: R7 Consolidated Statements of Stockholders' Equity HTML 125K 104: R8 Organization and Basis of Presentation. HTML 138K 111: R9 Pacific Ethanol Plants. HTML 72K 48: R10 Inventories. HTML 41K 62: R11 Intercompany Agreements. HTML 48K 132: R12 Segments. HTML 103K 93: R13 Property and Equipment. HTML 48K 49: R14 Intangible Asset. HTML 38K 64: R15 Derivatives. HTML 81K 134: R16 Leases. HTML 46K 95: R17 Debt. HTML 84K 47: R18 Pension and Retirement Benefit Plans. HTML 98K 66: R19 Income Taxes. HTML 77K 108: R20 Preferred Stock. HTML 52K 97: R21 Common Stock and Warrants. HTML 49K 27: R22 Stock-Based Compensation. HTML 64K 69: R23 Commitments and Contingencies. HTML 66K 109: R24 Fair Value Measurements. HTML 99K 98: R25 Earnings Per Share. HTML 69K 28: R26 Parent Company Financials. HTML 129K 70: R27 Quarterly Financial Data (Unaudited) HTML 56K 110: R28 Organization and Basis of Presentation. (Policies) HTML 234K 96: R29 Organization and Significant Accounting Policies. HTML 73K (Tables) 90: R30 Pacific Ethanol Plants. (Tables) HTML 54K 130: R31 Inventories. (Tables) HTML 44K 68: R32 Segments. 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(Details HTML 86K 4) 87: R51 Organization and Basis of Presentation. (Details HTML 108K Narrative) 39: R52 Pacific Ethanol Plants. (Details) HTML 83K 54: R53 Pacific Ethanol Plants. (Details 1) HTML 45K 126: R54 Pacific Ethanol Plants. (Details Narrative) HTML 83K 88: R55 Inventories. (Details) HTML 52K 40: R56 Inventories. (Details Narrative) HTML 37K 55: R57 Intercompany Agreements. (Details Narrative) HTML 70K 127: R58 Segments. (Details) HTML 93K 86: R59 Segments. (Details 1) HTML 42K 34: R60 Segments. (Details Narrative) HTML 40K 74: R61 Property and Equipment. (Details) HTML 51K 114: R62 Property and Equipment. (Details Narrative) HTML 39K 101: R63 Intangible Asset. (Details Narrative) HTML 39K 36: R64 Derivatives. (Details) HTML 42K 76: R65 Derivatives. (Details 1) HTML 46K 116: R66 Derivatives. (Details Narrative) HTML 38K 102: R67 Leases. (Details) HTML 61K 32: R68 Leases. (Details Narrative) HTML 52K 80: R69 Debt. (Details) HTML 76K 60: R70 Debt. 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(Details 2) HTML 61K 73: R91 Stock-Based Compensation. (Details 3) HTML 40K 112: R92 Stock-Based Compensation. (Details Narrative) HTML 52K 99: R93 Commitments and Contingencies. (Details) HTML 81K 38: R94 Commitments and Contingencies. (Details Narrative) HTML 102K 78: R95 Pension and Retirement Benefit Plans. (Details) HTML 47K 117: R96 Pension and Retirement Benefit Plans. (Details 1) HTML 47K 103: R97 Pension and Retirement Benefit Plans. (Details HTML 44K Narrative) 31: R98 Fair Value Measurements. (Details) HTML 102K 79: R99 Earnings Per Share. (Details) HTML 62K 133: R100 Earnings Per Share. (Details Narrative) HTML 38K 94: R101 Parent Company Financials. (Details) HTML 143K 50: R102 Parent Company Financials. (Details 1) HTML 86K 65: R103 Parent Company Financials. (Details 2) HTML 152K 131: R104 Parent Company Financials. (Details Narrative) HTML 38K 92: R105 Quarterly Financial Data (Unaudited) (Details) HTML 60K 84: XML IDEA XML File -- Filing Summary XML 230K 53: EXCEL IDEA Workbook of Financial Reports XLSX 150K 21: EX-101.INS XBRL Instance -- peix-20190930 XML 3.92M 23: EX-101.CAL XBRL Calculations -- peix-20190930_cal XML 292K 24: EX-101.DEF XBRL Definitions -- peix-20190930_def XML 1.20M 25: EX-101.LAB XBRL Labels -- peix-20190930_lab XML 1.75M 26: EX-101.PRE XBRL Presentations -- peix-20190930_pre XML 1.50M 22: EX-101.SCH XBRL Schema -- peix-20190930 XSD 289K 63: ZIP XBRL Zipped Folder -- 0001213900-20-001457-xbrl Zip 283K
Exhibit 10.60
This instrument was prepared by: Bryan Cave Leighton Paisner LLP 161 N. Clark, Suite 4300 |
After recording return to:
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AMENDMENT TO ILLINOIS FUTURE ADVANCE REAL ESTATE MORTGAGE
This Amendment to Illinois Future Advance Real Estate Mortgage (the “Amendment”), dated as of December 20, 2019, is entered into by and between ILLINOIS CORN PROCESSING, LLC, a limited liability company organized and existing under the laws of Delaware (the “Mortgagor”), and COMPEER FINANCIAL, PCA, a federally-chartered instrumentality of the United States (the “Mortgagee”).
WHEREAS, the Mortgagor and the Mortgagee have entered into that certain Illinois Future Advance Real Estate Mortgage dated September 15, 2017 (as the same may from time to time be amended, restated, modified or otherwise supplemented, the “Mortgage”) and recorded on September 19, 2017 in the real estate or mortgage records of Tazewell County, Illinois as Document No. 201700014103;
WHEREAS, Mortgagor, Mortgagee and CoBank, ACB are parties to a Credit Agreement dated as of September 15, 2017, (as amended, restated, supplemented or otherwise modified from time to time) including by that certain Amendment No. 1 to Credit Agreement and Waiver (the “ICP Amendment”) of even date herewith;
WHEREAS, PACIFIC ETHANOL PEKIN, LLC, a limited liability company organized under the laws of Delaware and affiliate of Mortgagor (“PEP”), Mortgagee and CoBank, ACB are parties to a Credit Agreement dated as of December 15, 2016, (as amended, restated, supplemented or otherwise modified from time to time (the “PEP Credit Agreement”) including by that certain Amendment No. 7 to Credit Agreement and Waiver (the “PEP Amendment”) of even date herewith;
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WHEREAS, in connection with the ICP Amendment and the PEP Amendment, Mortgagor executed a Guaranty even dated herewith (“PEP Guaranty”) in favor of the Mortgagee, guarantying, among other things, PEP’s Obligations as such term is defined under the PEP Credit Agreement;
WHEREAS, the Mortgagor has requested that the Mortgage be amended as herein provided; and
WHEREAS, the Mortgagee is willing, subject to the terms and conditions hereinafter set forth, to make such amendments;
NOW, THEREFORE, in consideration of the agreements herein contained, the parties hereby agree as follows:
1. The definition of “Obligations” contained in Section 1.01 of the Mortgage is hereby amended by deleting the first sentence of the definition in its entirety and replacing it with the following:
“Obligations shall mean;
(i) all Obligations (as such term is defined in that certain Credit Agreement dated as of September 15, 2017, by and among the Mortgagor, the Mortgagee, and CoBank, ACB) and all other indebtedness and other obligations of the Mortgagor to the Mortgagee and CoBank, ACB of every type and description, whether now or hereafter arising, fixed or contingent, as primary obligor or as guarantor or surety, acquired directly or by assignment or otherwise, liquidated or unliquidated, regardless of how they arise or by what agreement or instrument they may be evidenced, including without limitation, all future advances, future obligations, indebtedness under all loans, advances and other extensions of credit made to or for the account of the Mortgagor, including, without limitation, the promissory note(s) that are more particularly identified on Exhibit “B-1” hereto (as such promissory notes may be amended, restated, modified, supplemented, replaced, refinanced, or renewed from time to time), and including, without limitation, obligations under Interest Rate Agreements (as defined below), and all covenants, agreements, and provisions contained in this Mortgage and in any of the Credit Agreements, and
(ii) all Obligations (as such term is defined in that certain Guaranty dated as of December 20, 2019, executed by the Mortgagor in favor of the Mortgagee and CoBank, ACB) (the “ICP Guaranty”); provided that, upon payment in full of the Guaranteed Amount (as defined in the PEP Guaranty), this clause (ii) shall be automatically deleted and thereafter, the defined term “Obligations” as set forth herein shall mean as defined in above clause (i), and the promissory notes referenced on Exhibit B shall only include those promissory notes made by Mortgagor.”
2. Exhibit B of the Mortgage is hereby amended by deleting it in its entirety and replacing it with Exhibit B attached hereto.
3. The Mortgage, as amended hereby, continues to serve as security for all past, current and future Obligations (as defined in the Mortgage) of every kind and nature which currently exist or may exist in the future.
4. This Amendment shall not be construed as a novation of the promissory note(s) or other obligations secured by the Mortgage.
5. All terms and conditions of the Mortgage shall remain in full force and effect except as amended by this Amendment, and in all other respects are fully confirmed and ratified, and the Mortgage shall continue as a lien upon all the real property described in Exhibit A attached hereto and Exhibit A to the Mortgage.
6. This Amendment relates only to the specific matters covered herein and shall not constitute a consent to or waiver or modification of any other provision term or condition of the Mortgage.
7. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall together constitute one and the same instrument.
[Signatures follow on next page.]
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IN WITNESS WHEREOF, Illinois Corn Processing, LLC, as Mortgagor, has caused this Amendment to be signed in its name, all as of the day and year first above written.
Illinois Corn Processing, LLC, Mortgagor | ||
By: | /s/ Michael Kramer | |
Printed Name: | Michael Kramer | |
Title: | Vice President & Treasurer |
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
STATE OF California | ) | |
COUNTY OF SACRAMENTO | ) |
On December 26, 2019 before me, Nicole C. McClure, Notary Public, personally appeared Michael Kramer, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: | /s/ Nicole C. McClure | (seal) |
[Amendment to Mortgage Signature Page]
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LENDER: | ||
COMPEER FINANCIAL, PCA | ||
By: | /s/ Kevin Buente | |
Name: | Kevin Buente | |
Title: | Principal Credit Officer |
STATE OF ILLINOIS | ) | |
) | ||
COUNTY OF DUPAGE | ) |
The foregoing instrument was acknowledged before me this 26th day of December, 2019, by Kevin Buente, as Principal Credit Officer of Compeer Financial, PCA, a federally-chartered instrumentality of the United States.
Witness my hand and official seal.
(SEAL)
By: | /s/ Colleen Besic | |
Notary Public: State of Illinois | ||
My commission expires: 7-19-20 |
[Amendment to Mortgage Signature Page]
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EXHIBIT A
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A-2
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A-3
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A-4
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A-5
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A-6
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A-7
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A-8
EXHIBIT B
a) | That certain Term Note made by Mortgagor in favor of Mortgagee, dated September 15, 2017, in the principal amount of $24,000,000, as amended and restated on December 20, 2019, in the principal amount of $12,000,000, as such note may be amended, modified or restated from time to time. |
b) | That certain Revolving Term Note made by Mortgagor in favor of Mortgagee, dated September 15, 2017, in the principal amount of $18,000,000, as amended and restated on December 20, 2019, in the principal amount of $18,000,000 as such note may be amended, modified or restated from time to time. |
c) | That certain Term Note made by PEP in favor of Mortgagee, dated December 15, 2016, in the principal amount of $64,000,000, as amended and restated on March 30, 2018, in the principal sum of $64,000,000, as amended and restated on March 20, 2019 in the principal amount of $64,000,000, as amended and restated on December 20, 2019, in the principal amount of $39,500,000 as such note may be amended, modified or restated from time to time. |
d) | That certain Revolving Term Note made by PEP in favor of Mortgagee, dated December 15, 2016, in the principal amount of $32,000,000, as amended and restated on March 20, 2019 in the principal amount of $32,000,000, as amended and restated on December 20, 2019, in the principal amount of $32,000,000as such note may be amended, modified or restated from time to time. |
B-1
This ‘S-1’ Filing | Date | Other Filings | ||
---|---|---|---|---|
Filed on: | 1/21/20 | |||
12/26/19 | 8-K | |||
12/20/19 | 8-K | |||
3/20/19 | ||||
3/30/18 | 8-K | |||
9/19/17 | ||||
9/15/17 | 8-K | |||
12/15/16 | 4, 8-K | |||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 3/26/21 Alto Ingredients, Inc. 10-K 12/31/20 107:9.1M EdgarAgents LLC/FA 1/28/20 SEC UPLOAD¶ 3/05/20 2:39K Alto Ingredients, Inc. |