|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
Final Order, the Prepetition Secured Parties are entitled to a waiver of (a) the provisions of Bankruptcy Code section 506(c), and (b) any “equities of the case” claims under Bankruptcy Code section 552(b).
O. Order of the Court. Based upon the foregoing findings, acknowledgements, and conclusions, and upon the record made before this Court at the Interim Hearing, and good and sufficient cause appearing therefor:
IT IS HEREBY FOUND, DETERMINED, ORDERED, ADJUDGED AND DECREED THAT:
1. Motion Granted. The Motion is granted on an interim basis, subject to the terms set forth herein. Any objections to the Motion with respect to the entry of the Interim Order that have not previously been withdrawn or resolved are hereby denied and overruled on their merits. This Interim Order shall be valid, binding on all parties in interest, and fully effective immediately upon entry notwithstanding the possible application of Bankruptcy Rules 6004(h), 7062 and 9014.
2. Authority to Enter Into the DIP Loan Documents. The DIP Loan Parties are hereby authorized to incur and perform the obligations arising from and after the date of this Interim Order under the DIP Facility, on the terms set forth in this Interim Order and the DIP Credit Agreement, and such additional documents, instruments and agreements as may be reasonably required by the DIP Agent to implement the terms or effectuate the purposes of and transactions contemplated by this Interim Order, the Final Order (when entered by the Court) and the DIP Credit Agreement (collectively, this Interim Order, the Final Order, the Approved Budget, the DIP Credit Agreement, the Guarantee and Security Agreement (as defined in the DIP Credit Agreement) and such other additional documents, instruments and agreements, including