SEC Filings

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


commercial tort claims; (e) all books and records pertaining to the other property described in this paragraph; (f) all property of such DIP Loan Party held by any DIP Lenders, including all property of every description, in the custody of or in transit to such DIP Lender for any purpose, including safekeeping, collection or pledge, for the account of such DIP Loan Party or as to which such DIP Loan Party may have any right or power, including but not limited to cash; (g) all other goods (including but not limited to fixtures) and personal property of such DIP Loan Party, whether tangible or intangible and wherever located; and (h) to the extent not covered by the foregoing, all other assets or property of the DIP Loan Parties, whether tangible, intangible, real, personal or mixed, and all proceeds and products of each of the foregoing and all accessions to, substitutions and replacements for, and rents, profits and products of, each of the foregoing, any and all proceeds of any insurance, indemnity, warranty or guaranty payable to any DIP Loan Party from time to time with respect to any of the foregoing, and in each case to the extent of any such DIP Loan Party’s respective interest therein; provided, however, the DIP Collateral shall not include (i) Excluded Property (as defined in the DIP Credit Agreement) but shall include any proceeds of Excluded Property that do not otherwise constitute Excluded Property in their own right; (ii) all claims and causes of action under Chapter 5 of the Bankruptcy Code or any other avoidance actions under the Bankruptcy Code, whether pursuant to federal law or applicable state law (collectively, the “Avoidance Actions”) of the DIP Loan Parties, provided, however that DIP Collateral shall include, subject to entry of the Final Order all proceeds of any Avoidance Actions (“Avoidance Proceeds”); (iii) the Prepetition Treximet Notes Collateral; and (iv) the Prepetition Term Collateral. The DIP Liens shall not, without the consent of the DIP Agent, be made subject to, or pari passu with, any other lien or security interest (other than to the extent expressly provided herein and subject to the Carve-Out, or by any court order