SEC Filings

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

 

Noteholders”). As of the Petition Date, the Prepetition Treximet Notes Parties are justly and lawfully indebted and liable, without defense, counterclaim, recoupment or offset of any kind, in the aggregate principal amount of not less than approximately $154 million of the Prepetition Treximet Notes, under and in connection with the Prepetition Treximet Notes Indenture, including all other agreements, documents and instruments executed and/or delivered with, 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 Treximet Notes Indenture, the “Prepetition Treximet Notes Financing Documents”). All obligations arising under the Prepetition Treximet Notes Financing Documents shall hereinafter be referred to as the “Prepetition Treximet Notes Obligations”.

 

(v)               Prepetition Treximet Notes Liens. Pursuant to the Prepetition Treximet Notes Financing Documents, PIL granted to the Prepetition Treximet Notes Trustee to secure the Prepetition Treximet Notes Obligations, a continuing first-priority security interest (the “Prepetition Treximet Notes Liens”) in substantially all of the assets of PIL related to Treximet other than the ABL Collateral (as defined in the Prepetition Treximet Notes Indenture) (the “Prepetition Treximet Notes Collateral”), subject to Permitted Liens (as defined in the Prepetition Treximet Notes Indenture).

 

(vi)             Validity of Prepetition Treximet Notes Liens. The Prepetition Treximet Notes Liens (a) constitute valid, binding, enforceable, nonavoidable, properly perfected, first-priority liens in the Prepetition Treximet Notes Collateral for the benefit of the Prepetition Treximet Noteholders; and (b) are not subject to avoidance, reductions, recharacterization, set-off, subordination (whether equitable, contractual or otherwise), counterclaims, cross-claims,

 

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