SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
(Amendment No. 1)
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
| Date of Report (Date of earliest event reported) | March 9, 2016 |
| PACIFIC ETHANOL, INC. |
| (Exact name of registrant as specified in its charter) |
| Delaware | 000-21467 | 41-2170618 | ||
| (State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
400 Capitol Mall, Suite 2060 Sacramento, California |
95814 | |
| (Address of principal executive offices) | (Zip Code) |
| Registrant’s telephone number, including area code: | (916) 403-2123 |
| (Former name or former address, if changed since last report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
EXPLANATORY NOTE
Pacific Ethanol, Inc. (the “Company”) filed a Current Report on Form 8-K on March 9, 2016 (the “Initial Form 8-K”) that included the Company’s press release announcing certain results of operations for the three and twelve months ended December 31, 2015 (the “Initial Press Release”). The Company issued a second press release on March 9, 2016 correcting certain financial data related to adjusted EBITDA in the Initial Press Release. The Company is filing this Amendment No. 1 to the Initial Form 8-K to amend and restate in its entirety the Initial Form 8-K to provide the corrected press release.
| Item 2.02. | Results of Operations and Financial Condition. |
On March 9, 2016, the Company issued a corrected press release announcing certain results of operations for the three and twelve months ended December 31, 2015. A copy of the corrected press release is furnished (not filed) as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.
The information furnished in this Item 2.02 of this Current Report on Form 8-K and Exhibit 99.1 attached hereto shall not be deemed “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section. The information in this Item 2.02 of this Current Report on Form 8-K is not incorporated by reference into any filings of Pacific Ethanol, Inc. made under the Securities Act of 1933, as amended, or the Exchange Act, whether made before or after the date of this Current Report on Form 8-K, regardless of any general incorporation language in the filing unless specifically stated so therein.
| Item 9.01. | Financial Statements and Exhibits. | |
| (d) | Exhibits. |
| Number | Description |
| 99.1 | Corrected Press Release dated March 9, 2016 |
| 2 |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Date: March 9, 2016 | PACIFIC ETHANOL, INC. |
| By: /S/ CHRISTOPHER W. WRIGHT | |
| Christopher W. Wright | |
| Vice President, General Counsel and Secretary |
| 3 |
EXHIBITS FILED WITH THIS REPORT
| Number | Description |
| 99.1 | Corrected Press Release dated March 9, 2016 |
| 4 |