|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
defenses or any other challenges under the Bankruptcy Code or any other applicable law or regulation.
(vii) Prepetition Revolving 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 Revolving Credit Agreement”), by and among Pernix and certain of its affiliates (collectively, “Prepetition Revolving Borrowers”), certain subsidiary guarantors (together with the Prepetition Revolving Borrowers, the “Prepetition Revolving Credit Parties”), the lenders thereto (the “Prepetition Revolving Lenders”), and Cantor Fitzgerald Securities as the administrative agent (in such capacity, the “Prepetition Revolving Agent,” and together with the Prepetition Term Agent, the “Prepetition Agents”), the Prepetition Revolving Lenders agreed to extend a revolving asset-based credit facility (the “Prepetition Revolving Facility”) to the Prepetition Revolving Borrowers from time to time, including, inter alia, the Prepetition Revolving Obligations in an aggregate principal committed amount of up to $40 million. As of the Petition Date, the Prepetition Revolving Credit Parties are truly and justly indebted to the Prepetition Revolving Lenders, without defense, counterclaim, recoupment or offset of any kind, in the aggregate principal amount of not less than approximately $14.1 million (the “Prepetition Revolving Debt”), under and in connection with, the Prepetition Revolving Credit Agreement, including all other agreements, documents and instruments executed and/or delivered with, to or in favor of the Prepetition Revolving 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 Prepetition Revolving Credit