|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/19/2019|
"Person" means an individual, corporation, partnership, limited liability company, limited liability partnership, syndicate, person, trust, association, organization or other entity, including any Governmental Authority, and including any successor, by merger or otherwise, of any of the foregoing.
"Personal Data" means, as applicable, (a) any and all information about or related to an individual that either contains data elements that identify the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual, including without limitation Protected Health Information as defined under HIPAA and "personal data" as defined under GDPR, (b) any and all information about or related to an individual that any Laws or Information Privacy and Security Laws would require any Person to be notified if such information is lost, misused, wrongly accessed, wrongly disclosed, wrongly acquired or compromised, (d) any and all other information about or related to an individual, the receipt, access, acquisition, collection, compilation, use, storage, processing, transmission, safeguarding, security, disposal, destruction, disclosure, sale, licensing, rental, transfer or other processing of which is regulated by any applicable Laws or Information Privacy and Security Law, including, without limitation, personal healthcare information. Personal Data includes (t) information in any form, including paper, electronic and other forms, (u) any information that enables a Person to contact the individual (such as information contained in a cookie or an electronic device fingerprint), (v) personal identifiers such as name, address, Social Security Number, date of birth, driver's license number or state identification number, Taxpayer Identification Number and passport number, (w) financial information, including credit or debit card numbers, account numbers, access codes, consumer report information, insurance policy number, (x) demographic information, (y) unique biometric data, such as fingerprint, retina or iris image, voice print or other unique physical representation and (z) individual medical or health information (including information of patients, customers, employees, workers, contractors, and third parties who have provided information to a Seller, and including information relating to services provided by or to third parties). This definition of Personal Data also applies to information defined or described by the Sellers as "personal information," "personally identifiable information," "PII" or any similar term in any of their documents, privacy policies or other public-facing statements.
"Petition Date" means the date on which the Sellers commence the Bankruptcy Case.
"Positive Product Working Capital" means, if Net Product Working Capital is an amount greater than zero, an amount equal to the Net Product Working Capital.
"Positive Product Working Capital Credit Bid Consideration" means the discharge of the DIP Obligations (excluding DIP Obligations discharged as the Specified DIP Credit Bid Consideration) pursuant to Section 363(k) of the Bankruptcy Code up to an aggregate amount equal to the Positive Product Working Capital.
"Prepetition DDTL Agreement" means that certain Credit Agreement, dated as of July 21, 2017, among Pernix Ireland DAC, as borrower, the lenders party thereto from time to time and Cantor Fitzgerald Securities, as agent.