SEC Filings

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

Schedule 4.14

 

Permitted Indebtedness

 

1.The Settlement Agreement and Release dated as of February 6, 2014 with the State of Texas and the Texas Health & Human Services Commission, pursuant to which Cypress Pharmaceuticals, Inc. is required to pay $12 million, payable in annual amounts of $2.0 million until the settlement ispaid in full. As of the Petition Date, $2 million of payment obligations remain under such Settlement Agreement and Release.

 

2.The Settlement and License Agreement dated as of July 17, 2012 by and among Somaxon Pharmaceuticals, Inc. (as predecessor to Pernix Sleep, Inc.), ProCom One, Inc., Mylan, Inc., and Mylan Pharmaceuticals, Inc.

 

3.Amounts owed to Glaxo Group Limited, GlaxoSmithKline LLC, GlaxoSmithKline Intellectual Property Holdings Limited, and GlaxoSmithKline Intellectual Property Management Limited (collectively, “GSK”) by Pernix Therapeutics Holdings Inc. and Pernix Ireland Limited pursuant to that certain interim settlement agreement between GSK and Pernix Therapeutics Holdings Inc. and Pernix Ireland Limited, originally entered into on July 27, 2015 and as subsequently amended on March 17, 2017 and July 21, 2017. As of the Petition Date, no more than $2 million of contingent payment obligations remained under such Interim Settlement Agreement, as amended.

 

4.Indebtedness in respect of contingent consideration pursuant to the asset purchase agreement, dated as of March 10, 2015, among Pernix Ireland Limited, Pernix Therapeutics Holdings, Inc. and Zogenix, Inc.

 

5.Indebtedness incurred under the 4.25% Convertible Senior Notes Due 2021, issued by Pernix Therapeutics Holdings, Inc. As of the Petition Date, the aggregate outstanding principal amount of such notes is $78,225,000.

 

6.Indebtedness incurred under the 12% Senior Secured Notes Due 2020.

 

7.Indebtedness under the Credit Agreement, dated as of July 21, 2017, by and among the lenders party thereto, Cantor Fitzgerald Securities, as administrative agent, and Pernix Ireland Pain Designated Activity Company (f/k/a Pernix Ireland Pain Limited), as borrower.

 

8.Promissory Note dated as of August 19, 2014, in the principal outstanding amount of $225,000,000 as of the Petition Date, executed by Pernix Ireland Limited in favor of Pernix Therapeutics Holdings, Inc. As of the Petition Date, the aggregate outstanding principal balance under such note is $225,000,000.

 

9.Indebtedness incurred under the 4.25%/5.25% Exchangeable Senior Notes due 2022 issued by Pernix Ireland Pain Designated Activity Company (f/k/a Pernix Ireland Pain Limited). As of the Petition Date, the aggregate outstanding principal amount of such notes is $35,742,500.

 

Schedule 4.14