SEC Filings

8-K
PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019
Entire Document
 

(m)       unsecured Indebtedness incurred in respect of netting services, overdraft protection, and other like services, in each case, incurred in the Ordinary Course of Business,

 

(n)       reimbursement obligations in connection with any letters of credit, in accordance with the Approved Budget, subject to Permitted Variances, but in any event in an aggregate outstanding amount not to exceed $150,000,

 

(o)       any other unsecured Indebtedness incurred by Borrower or any of its Subsidiaries in an aggregate outstanding amount not to exceed $100,000 at any one time.

 

Permitted Intercompany Advances” means loans made by (a) a Loan Party to another Loan Party, (b) [reserved], and (c) a Subsidiary of Borrower that is not a Loan Party to a Loan Party, so long as the parties thereto are party to an intercompany subordination agreement substantially in the form of Exhibit I-1 hereto or such loan is subject to other subordination provisions reasonably acceptable to the Required Lenders.

 

Permitted Investments” means:

 

(a)        Investments in cash and Cash Equivalents;

 

(b)       Investments in negotiable instruments deposited or to be deposited for collection in the Ordinary Course of Business,

 

(c)        advances made in connection with purchases of goods or services in the Ordinary Course of Business,

 

(d)       Investments received in settlement of amounts due to any Loan Party or any of its Subsidiaries effected in the Ordinary Course of Business or owing to any Loan Party or any of its Subsidiaries as a result of Insolvency Proceedings involving an account debtor or upon the foreclosure or enforcement of any Lien in favor of a Loan Party or its Subsidiaries,

 

(e)        Investments owned by any Loan Party or any of its Subsidiaries on the Closing Date and set forth on Schedule P-1 to the Agreement,

 

(f)       guarantees permitted under the definition of Permitted Indebtedness,

 

(g)        Permitted Intercompany Advances,

 

(h)        Equity Interests or other securities acquired in connection with the satisfaction or enforcement of Indebtedness or claims due or owing to a Loan Party or its Subsidiaries (in bankruptcy of customers or suppliers or in settlement of delinquent obligations of, and other disputes with, customers or suppliers arising in the Ordinary Course of Business) or as security for any such Indebtedness or claims,

 

(i)        deposits of cash in the Ordinary Course of Business to secure performance of operating leases,

 

(j)        loans and advances to employees and officers of Borrower or any of its Subsidiaries in the Ordinary Course of Business for any business purpose (other than the purchase of the Borrower’s Equity Interests), so long as the aggregate amount of all such loans or advances outstanding at any time does not exceed $150,000,

 

(k)        Investments resulting from entering into Bank Product Agreements,

 

Schedule 1.1

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