SEC Filings

PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019
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paragraph 33 of this Interim Order (collectively, the “Prepetition Revolving Lenders Adequate Protection Obligations”):


(a)               Contingent Revolving Liens and Prepetition Revolving Adequate Protection Liens. The Prepetition Revolving Agent (for itself and for the benefit of the Prepetition Revolving Lenders) is hereby granted (effective and perfected upon the date of this Interim Order and without the necessity of the execution of any mortgages, security agreements, pledge agreements, financing statements or other agreements), (i) in the amount of any Contingent Prepetition Revolving Debt, the Contingent Revolving Liens, and (ii) in the amount of the Prepetition Revolving Adequate Protection Claim, a valid, perfected replacement security interest in and lien (the “Prepetition Revolving Adequate Protection Liens”) (subject to the limitations and priorities set forth above) upon the DIP Collateral;


(b)               Prepetition Revolving Superpriority Claim. The Prepetition Revolving Lenders are hereby granted an allowed superpriority administrative expense claim as provided for in section 507(b) of the Bankruptcy Code to the extent that the Prepetition Revolving Adequate Protection Claim is insufficient to protect the Prepetition Revolving Lenders’ interests in the Prepetition Revolving Collateral with, except as set forth in this Interim Order, priority in payment over any and all administrative expenses of the kind specified or ordered pursuant to any provision of the Bankruptcy Code (the “Prepetition Revolving Superpriority Claim”), which Prepetition Revolving Superpriority Claim shall be payable from and have recourse to all DIP Collateral. The Prepetition Revolving Superpriority Claim shall be subject and subordinate only to the Carve-Out and the DIP Superpriority Claims granted in respect of the DIP Obligations and shall sit pari passu with the Prepetition Term Lenders Superpriority Claim (as defined below). Except to the extent expressly set forth in this Interim Order or the DIP Credit Agreement, the