-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, F/6u6L4rIBVxIPC2MasdVnqiqi98jJJBX2CRvTEfk5Wod/NwbxY1Z43uQB5AFs+q k8HnVApzxwJRumuvLucIFQ== 0001052192-06-000002.txt : 20060420 0001052192-06-000002.hdr.sgml : 20060420 20060420190858 ACCESSION NUMBER: 0001052192-06-000002 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20060413 FILED AS OF DATE: 20060420 DATE AS OF CHANGE: 20060420 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Pacific Ethanol, Inc. CENTRAL INDEX KEY: 0000778164 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL ORGANIC CHEMICALS [2860] IRS NUMBER: 412170618 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 5711 N. WEST AVENUE CITY: FRESNO STATE: CA ZIP: 93711 BUSINESS PHONE: 559-435-1771 MAIL ADDRESS: STREET 1: 5711 N. WEST AVENUE CITY: FRESNO STATE: CA ZIP: 93711 FORMER COMPANY: FORMER CONFORMED NAME: ACCESSITY CORP DATE OF NAME CHANGE: 20030627 FORMER COMPANY: FORMER CONFORMED NAME: DRIVERSSHIELD COM CORP DATE OF NAME CHANGE: 20001115 FORMER COMPANY: FORMER CONFORMED NAME: FIRST PRIORITY GROUP INC DATE OF NAME CHANGE: 19920703 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: CASCADE INVESTMENT LLC CENTRAL INDEX KEY: 0001052192 STATE OF INCORPORATION: WA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 000-21467 FILM NUMBER: 06771029 BUSINESS ADDRESS: STREET 1: 2365 CARILLON POINT CITY: KIRKLAND STATE: WA ZIP: 98033 BUSINESS PHONE: 4258030720 MAIL ADDRESS: STREET 1: 2365 CARILLON POINT CITY: KIRKLAND STATE: WA ZIP: 98033 3 1 edgar.xml PRIMARY DOCUMENT X0202 3 2006-04-13 0 0000778164 Pacific Ethanol, Inc. PEIX 0001052192 CASCADE INVESTMENT LLC 2365 CARILLON POINT KIRKLAND WA 98033 0 0 1 0 Series A Cumulative Redeemable Convertible Preferred Stock Common Stock 10500000 D See Below (1) On April 13, 2006, Cascade Investment, L.L.C. ("Cascade") acquired 5,250,000 shares of the issuer's Series A Cumulative Redeemable Convertible Preferred Stock ("Series A Preferred Stock") at a price of $16.00 per share. Each share of Series A Preferred Stock is convertible at any time at Cascade's option into a number of fully paid and nonassessable shares of the issuer's Common Stock equal to the quotient of (x) $16.00 divided by (y) the conversion price in effect at the time of conversion. The conversion price is currently $8.00 and is subject to anti-dilution protection and other adjustments as set forth in the Certificate of Designations, Powers, Preferences and Rights of the Series A Preferred Stock (the "Certificate of Designations"). Using the current conversion price, Cascade's 5,250,000 shares of Series A Preferred Stock are convertible into 10,500,000 shares of the issuer's Common Stock. Cascade's right to convert the Series A Preferred Stock does not expire. In addition to Cascade's right to convert, the Series A Preferred Stock shall, upon the occurrence of certain events, be automatically converted into Common Stock pursuant to the terms of the Certificate of Designations. *Duly authorized under Special Power of Attorney appointing Michael Larson attorney-in-fact, dated February 3, 2006, by and on behalf of William H. Gates III, filed as Exhibit 99.1 to Cascade Investment, L.L.C.'s Amendment No. 2 to Schedule 13G with respect to Arch Capital Group Ltd. on March 7, 2006, SEC File No. 005-45257, and incorporated by reference herein. William H. Gates III By: /s/ Michael Larson*, Attorney-In-Fact 2006-04-20 -----END PRIVACY-ENHANCED MESSAGE-----