UNITED STATES

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934

Date of Report (Date of earliest event reported):  October 28, 2020 

PACIFIC ETHANOL, INC.

(Exact Name of Registrant as Specified in Charter)                  

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):

Securities registered pursuant to Section 12(b) of the Act:

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (17 CFR §230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17 CFR §240.12b-2). Emerging growth company o

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o

On October 28, 2020, Pacific Ethanol, Inc. (the “Company”) issued a press release announcing the closing of an underwritten public offering of (i) 5,075,000 shares of the Company’s common stock, par value $0.001 per share (the “Common Stock”), at a public offering price of $8.42 per share, and (ii) pre-funded warrants (the “Pre-Funded Warrants”) to purchase up to 3,825,493 shares of Common Stock at a public offering price of $8.4199 per Pre-Funded Warrant (the “Public Offering”). The Company also announced the closing of a concurrent private placement of a Series A Warrant issued to an institutional investor to purchase up to 8,900,493 shares of Common Stock (the “Private Placement”). The Company received aggregate gross proceeds from the Public Offering and Private Placement of approximately $75 million.

A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by this reference.

(d)       Exhibits.

SIGNATURES

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.