SEC Filings

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

 

 

Schedule 5.1

 

Financial Statements, Reports, Certificates

 

Deliver to Agent (and if so requested by Agent, with copies for each Lender) each of the financial statements, reports, or other items set forth below at the following times:

 

by no later than March 20, 2019 and thereafter on a monthly basis no later than 20 days after the end of the relevant month, (a) an unaudited consolidated monthly balance sheet and related consolidated statements of income and cash flows of the Borrower and its consolidated Subsidiaries for each month (commencing with the month ended February 28, 2019), in each case prepared in accordance with GAAP applied on a consistent basis throughout the periods involved and in a manner consistent with the unaudited financial statements referred to in Section 4.8 of the Agreement, accompanied by a certification of an Authorized Person of the Borrower substantially consistent with the first sentence of Section 4.8 of the Agreement.
   
concurrently with delivery thereof, (a) any financial statements or other financial reporting of any of the Debtors delivered pursuant to any Sale Agreement.
   
promptly, but in any event within 5 days after Borrower has knowledge of,

(a)       any event or condition that constitutes a Default or an Event of Default, notice of such event or condition and a statement of the curative action that Borrower and/or the relevant Subsidiary proposes to take with respect thereto,

 

(b)       any default or breach under, or termination of, any Material Contract of a Loan Party or its Subsidiary, notice of such default, breach or termination and a statement of the curative action that Borrower and/or the relevant Subsidiary proposes to take with respect thereto,

 

(c)       any material development in connection with disputes with suppliers to or customers of the Borrower and its Subsidiaries, including, without limitation, commencement and completion of arbitration, notice of such material development,

 

(d)       that any Loan Party or its Subsidiaries, an owner, officer, manager, employee or Person with a “direct or indirect ownership interest” (as that phrase is defined in 42 C.F.R. §420.201) in any Group Member: (i) has had a civil monetary penalty assessed against him or her pursuant to 42 U.S.C. §1320a-7a or is the subject of a proceeding seeking to assess such penalty; (ii) has been excluded from participation in a Federal Health Care Program (as that term is defined in 42 U.S.C. §1320a-7b) or Government Drug Rebate Program or is the subject of a proceeding seeking to assess such penalty; (iii) has been convicted (as that term is defined in 42 C.F.R. §1001.2) of any of those offenses described in 42 U.S.C. §1320a-7b or 18 U.S.C. §§669, 1035, 1347, 1518 or is the subject of a proceeding seeking to assess such penalty; or (iv) has been involved or named in a U.S. Attorney complaint made or any other action taken pursuant to the False Claims Act under 31 U.S.C. §§3729-3731 or in any qui tam action brought pursuant to 31 U.S.C. §3729 et seq.; any pending or threatened revocation, suspension, termination, probation, restriction, limitation, denial, or non-renewal with

 

 

Schedule 5.1

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