|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
Prepetition Revolving Lenders shall not receive or retain any payments, property or other amounts in respect of the Prepetition Revolving Superpriority Claim unless and until the DIP Obligations and any claims having a priority superior to or pari passu with the DIP Superpriority Claims have indefeasibly been paid in cash in full;
(c) Contingent Prepetition Revolving Debt. In the event that the Prepetition Revolving Agent or any Prepetition Revolving Lender (each in their capacities as such) is ordered by this Court to disgorge, refund or in any manner repay to any of the Debtors or their estates any amounts (“Disgorged Amounts”) leading to Contingent Prepetition Revolving Debt, the Disgorged Amounts, unless otherwise ordered by the Court, shall be placed in a segregated interest bearing account, pending a further final, non-appealable order of a court of competent jurisdiction regarding the distribution of such Disgorged Amounts (either returning the Disgorged Amounts to the Prepetition Revolving Agent and the Prepetition Revolving Lenders, distributing such amounts to the Debtors or otherwise).
18. Adequate Protection of Prepetition Term Lenders. The Prepetition Term Lenders are entitled, pursuant to Bankruptcy Code sections 361, 362, 363(e), 364(d)(1) and 507, to adequate protection of their interests in the Prepetition Term Collateral, including Cash Collateral, for and equal in amount to the aggregate diminution in the value of the Prepetition Term Lenders’ interests in the Prepetition Term Collateral from and after the Petition Date, if any, including, without limitation, any such diminution resulting from the depreciation, sale, lease or use by the Debtors (or other decline in value) of the Prepetition Term Collateral, and the imposition of the automatic stay pursuant to section 362 of the Bankruptcy Code (the “Prepetition Term Lenders Adequate Protection Claim”). In consideration of the foregoing, the Prepetition Term Lenders are hereby granted the following, in each case subject to the Carve-Out