Initial Statement of Beneficial Ownership (3)
March 08 2017 - 4:18PM
Edgar (US Regulatory)
FORM 3
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES
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OMB APPROVAL
OMB Number:
3235-0104
Estimated average burden
hours per response...
0.5
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Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person
*
Koenig David Erwin
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2. Date of Event Requiring Statement (MM/DD/YYYY)
3/1/2017
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3. Issuer Name
and
Ticker or Trading Symbol
Pacific Ethanol, Inc. [PEIX]
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(Last)
(First)
(Middle)
C/O CANDLEWOOD INVESTMENT GROUP, LP, 555 THEODORE FREMD AVE., SUITE C-303
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4. Relationship of Reporting Person(s) to Issuer (Check all applicable)
_____ Director
___
X
___ 10% Owner
_____ Officer (give title below)
_____ Other (specify below)
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(Street)
RYE, NY 10580
(City)
(State)
(Zip)
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5. If Amendment, Date Original Filed
(MM/DD/YYYY)
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6. Individual or Joint/Group Filing
(Check Applicable Line)
_
X
_ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person
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Table I - Non-Derivative Securities Beneficially Owned
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1.Title of Security
(Instr. 4)
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2. Amount of Securities Beneficially Owned
(Instr. 4)
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3. Ownership Form: Direct (D) or Indirect (I)
(Instr. 5)
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4. Nature of Indirect Beneficial Ownership
(Instr. 5)
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Common Stock
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2742
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D
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Common Stock
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3987194
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I
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See footnote
(1)
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Common Stock
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58784
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I
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See footnote
(1)
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Common Stock
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900177
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I
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See footnote
(1)
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Common Stock
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77292
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I
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See footnote
(1)
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Table II - Derivative Securities Beneficially Owned (
e.g.
, puts, calls, warrants, options, convertible securities)
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1. Title of Derivate Security
(Instr. 4)
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2. Date Exercisable and Expiration Date
(MM/DD/YYYY)
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3. Title and Amount of Securities Underlying Derivative Security
(Instr. 4)
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4. Conversion or Exercise Price of Derivative Security
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5. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 5)
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6. Nature of Indirect Beneficial Ownership
(Instr. 5)
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Date Exercisable
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Expiration Date
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Title
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Amount or Number of Shares
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Non-Voting Common Stock
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(2)
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(2)
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Common Stock
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2660
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(2)
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D
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Non-Voting Common Stock
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(2)
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(2)
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Common Stock
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1797147
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(2)
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I
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See footnote
(1)
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Non-Voting Common Stock
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(2)
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(2)
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Common Stock
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38417
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(2)
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I
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See footnote
(1)
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Non-Voting Common Stock
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(2)
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(2)
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Common Stock
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201226
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(2)
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I
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See footnote
(1)
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Non-Voting Common Stock
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(2)
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(2)
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Common Stock
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46298
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(2)
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I
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See footnote
(1)
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Explanation of Responses:
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(
1)
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The securities are directly held by a private investment fund for which Candlewood Investment Group, LP (the "Investment Manager") serves as the investment manager. The Reporting Person is a managing partner of the Investment Manager. The Reporting Person disclaims beneficial ownership of the reported securities except to the extent of his pecuniary interest.
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(
2)
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The Non-Voting Common Stock are convertible on a one-for-one basis into Common Stock. However, the Reporting Person cannot convert the Non-Voting Common Stock if he and any of his affiliates would, after such conversion, beneficially own greater than 9.99% of the Common Stock. The beneficial ownership of the Common Stock by the Reporting Person and his affiliates currently exceeds 9.99%, and accordingly, he cannot currently convert any of the Non-Voting Common Stock. The right to convert Non-Voting Common Stock into Common Stock does not expire.
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Reporting Owners
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Reporting Owner Name / Address
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Relationships
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Director
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10% Owner
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Officer
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Other
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Koenig David Erwin
C/O CANDLEWOOD INVESTMENT GROUP, LP
555 THEODORE FREMD AVE., SUITE C-303
RYE, NY 10580
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X
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Signatures
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/s/ David E. Koenig
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3/8/2017
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**
Signature of Reporting Person
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Date
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Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
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*
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If the form is filed by more than one reporting person,
see
Instruction 5(b)(v).
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**
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Intentional misstatements or omissions of facts constitute Federal Criminal Violations.
See
18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
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Note:
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File three copies of this Form, one of which must be manually signed. If space is insufficient,
see
Instruction 6 for procedure.
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Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.
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