|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
found that the Debtors’ notice of the Motion and the opportunity for a hearing on the Motion was appropriate and no other notice need be provided; and the Court having reviewed the Motion, the exhibits thereto, and the documents filed in support thereof and any responses thereto, and having heard the statements in support of the relief requested therein at a hearing before the Court on __________ __, 2019 (the “Interim Hearing”); and the Court having determined that the legal and factual bases set forth in the Motion, the Declaration of John A. Sedor in Support of the Debtors’ Chapter 11 Petitions and First Day Pleadings (Docket No. 3) (the “Sedor Declaration”), and the Declaration of Stuart Erickson in Support of Motion of Debtors for Interim and Final Orders (I) Authorizing Debtors (A) to Obtain Postpetition Financing and (b) to Use Cash Collateral, (II) Granting Adequate Protection to Certain Prepetition Secured Parties, (III) Scheduling a Final Hearing and (IV) Granting Related Relief, attached as Exhibit A to the Motion (the “Erickson Declaration”), and at the Interim Hearing establish just cause for the relief granted herein; and upon all of the proceedings had before the Court; and after due deliberation and sufficient cause appearing therefor, it is HEREBY FOUND AND CONCLUDED THAT:
A. Disposition. The Motion is granted on an interim basis in accordance with the terms of this Interim Order. Any objections to the Motion with respect to the entry of the Interim Order that have not been withdrawn, waived or settled are hereby denied and overruled on their merits.
B. Commencement of Cases. On February 18, 2019 (the “Petition Date”), the Debtors filed with this Court voluntary petitions for relief under Chapter 11 of the Bankruptcy Code. The Debtors are in possession of their properties and are continuing to operate their businesses as debtors and debtors in possession under sections 1107 and 1108 of the Bankruptcy