SEC Filings

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

 

and the provisions of paragraph 33 of this Interim Order (the “Prepetition Term Loan Adequate Protection Obligations”):

 

(a)               Prepetition Term Loan Adequate Protection Liens. The Prepetition Term Lenders are hereby granted, in the amount of the Prepetition Term Lenders Adequate Protection Claim, a replacement security interest in and lien (the “Prepetition Term Loan Adequate Protection Liens”) (subject to the limitations and priorities set forth above) upon the DIP Collateral and the Prepetition Term Collateral;

 

(b)               Prepetition Term Lenders Superpriority Claim. The Prepetition Term Lenders are hereby granted, subject to the Carve-Out, an allowed superpriority claim as provided for in section 507(b) of the Bankruptcy Code, junior to the DIP Superpriority Claims (the “Prepetition Term Lenders Superpriority Claim” and, together with the Prepetition Revolving Superpriority Claim, the “Superpriority Claims”). The Prepetition Term Lenders Superpriority Claim shall be subject and subordinate to only the Carve-Out and the DIP Superpriority Claims granted in respect of the DIP Obligations and shall sit pari passu with the Prepetition Revolving Superpriority Claim. Except to the extent expressly set forth in this Interim Order or the DIP Credit Agreements, the Prepetition Term Lenders shall not receive or retain any payments, property or other amounts in respect of the Prepetition Term Lenders 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;

 

19.              Adequate Protection of Nalpropion. Nalpropion is entitled, pursuant to Bankruptcy Code sections 361, 363(e), and 364(d)(1), to adequate protection of its interests in the Nalpropion Collateral, including Cash Collateral, for and equal in amount to the aggregate diminution in the value of Nalpropion’s interest in the Nalpropion Collateral from and after the

 

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