SEC Filings

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


6.                  DIP Loans. All loans made to or for the benefit of any of the DIP Loan Parties on or after the Petition Date in accordance with the DIP Loan Documents (collectively, the “DIP Loans”), (a) shall be evidenced by the books and records of the DIP Agent or the DIP Lenders and, upon the request of any DIP Lender, a note executed and delivered to such DIP Lender by the Borrower in accordance with the terms of the DIP Loan Documents, which note shall evidence such DIP Lender’s DIP Loans in addition to such accounts and records; (b) shall bear interest payable and incur fees at the rates set forth in the DIP Credit Agreement; (c) shall be secured in the manner specified below; (d) shall be payable in accordance with the DIP Loan Documents; and (e) shall otherwise be governed by the terms set forth in this Interim Order and the other DIP Loan Documents. All interest thereon and all fees, costs, expenses, indemnification obligations and other liabilities owing by the DIP Loan Parties to the DIP Lenders or the DIP Agent in accordance with and relating to this Interim Order and the other DIP Loan Documents shall hereinafter be referred to as the “DIP Obligations.”


7.                  Conditions Precedent. The DIP Lenders and the DIP Agent shall have no obligation to make any DIP Loans or any other financial accommodation under the DIP Loan Documents unless the conditions precedent to make such extensions of credit under the DIP Loan Documents have been satisfied in full or waived in accordance with such DIP Loan Documents.


8.                  Approved Budget.


(a)               The budget attached hereto as Exhibit 1 is hereby approved. Proceeds of the DIP Loans and Cash Collateral under this Interim Order shall be used by the Debtors only in