|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
Rules, the Local Rules and any other applicable law, and no further notice relating to this proceeding and the hearing on this Motion is necessary or required.
E. Debtors’ Stipulations. Subject to the rights of any Committee or other parties-in-interest as and to the extent set forth in paragraph 33 below, the Debtors acknowledge, admit, represent, stipulate and agree that:
(i) Prepetition Term Facility. Pursuant to that certain Credit Agreement, dated as of July 21, 2017 (as the same has been amended, amended and restated, supplemented, modified, extended, renewed, restated and/or replaced at any time prior to the Petition Date, the “Prepetition Term Credit Agreement”), by and among, PIP DAC, as borrower, the lenders party thereto (the “Prepetition Term Lenders”), Cantor Fitzgerald Securities as the administrative agent (in such capacity, the “Prepetition Term Agent”), the Prepetition Term Lenders made loans pursuant to the Prepetition Term Credit Agreement to PIP DAC, and otherwise extended credit to PIP DAC. As of the Petition Date, PIP DAC was justly and lawfully indebted and liable to the Prepetition Term Lenders, without defense, counterclaim, recoupment or offset of any kind, in the aggregate principal amount of not less than approximately $39.2 million, plus an additional $1.1 million of accrued pay-in-kind interest, under and in connection with, the Prepetition Term Credit Agreement, including all other agreements, documents and instruments executed and/or delivered with, to or in favor of the Prepetition Term Lenders, including, without limitation, all security agreements, notes, guarantees, mortgages, Uniform Commercial Code financing statements, documents and instruments, including any fee letters, executed and/or delivered in connection therewith or related thereto (all the foregoing, together with the Prepetition Term Credit Agreement, the “Prepetition Term Financing Documents”). All obligations arising under