|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
Agent, for the benefit of itself and the DIP Lenders, to secure the repayment of all obligations of the DIP Loan Parties under the DIP Facility and the DIP Loan Documents;
(vii) authorizing the DIP Agent, upon the occurrence of a Termination Event and following the Default Notice Period, to, inter alia, (a) terminate the funding commitments, accelerate the amounts owing under the DIP Loan Documents and exercise other remedies set forth thereunder, and (b) terminate the Debtors’ use of Cash Collateral in accordance with this Interim Order, the Intercreditor Agreement, and the DIP Loan Documents;
(viii) authorizing the Debtors, subject to entry of the Final Order, to waive their right to (a) any claims to surcharge against the DIP Collateral and the Prepetition Collateral pursuant to Bankruptcy Code section 506(c), (b) any “equities of the case” claims under Bankruptcy Code section 552(b), and (c) the equitable doctrine of “marshaling” or any similar doctrine with respect to the DIP Collateral and the Prepetition Collateral;
(ix) authorizing the Debtors to modify the automatic stay imposed by section 362 of the Bankruptcy Code to the extent necessary to implement and effectuate the terms and provisions of the DIP Loan Documents, the Interim Order, and as later applicable, the Final Order;
(x) authorizing the waiver of any applicable stay (including Bankruptcy Rule 6004) and the provision of immediate effectiveness of this Interim Order, and as later applicable, the Final Order; and
(xi) scheduling a final hearing (the “Final Hearing”) to consider entry of the Final Order; and granting related relief.
The Court having found that the relief requested in the Motion is in the best interests of the Debtors’ estates, their creditors and other parties in interest; and the Court having