SEC Filings

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


accordance with paragraph 33 below, all liens and security interests of the Prepetition Secured Parties (including, without limitation, liens granted for adequate protection purposes) and the Prepetition Treximet Noteholders shall remain valid and enforceable with the same continuing priority as described herein; provided, that this paragraph shall not apply to any liens or security interests of the Prepetition Secured Parties or the .Prepetition Treximet Noteholders to the extent any such liens are successfully challenged in accordance with paragraph 33 below; provided, further, that all Prepetition Revolving Liens and Contingent Revolving Liens shall be indefeasibly released upon the Revolver Discharge.


11.              DIP Liens and Collateral. Effective immediately upon entry of this Interim Order, pursuant to sections 364(c)(2), 364(c)(3) and 364(d) of the Bankruptcy Code, and without the necessity of the execution by the DIP Loan Parties (or recordation or other filing or notice) of security agreements, control agreements, pledge agreements, copyright security agreements, trademark security agreements, patent security agreements, financing statements, mortgages, schedules or other similar documents, or the possession or control by the DIP Agent or any other DIP Lenders of any DIP Collateral, the DIP Agent is hereby granted, as collateral agent for the DIP Lenders, continuing valid, binding, enforceable, non-avoidable, priming and automatically and properly perfected, nunc pro tunc to the Petition Date, post-petition security interests in and liens (the “DIP Liens”) on any and all owned and hereafter acquired assets and real and personal property of the DIP Loan Parties (the “DIP Collateral”), including, without limitation, the following: (a) all Prepetition Revolving Collateral; (b) all Nalpropion Collateral; (c) all money, accounts, chattel paper, deposit accounts, documents, equipment, contract rights, general intangibles, payment intangibles, instruments, inventory, patents, trademarks, copyrights, and licenses therefor, letter-of-credit rights, and investment property and support obligations; (d)