SEC Filings

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


503(b)(1) in respect to transactions occurring under the TSA or Services Agreement from and after the Petition Date.


(b)               Segregation of Payments. As additional adequate protection of Nalpropion’s security interests in the Nalpropion Collateral, the DIP Loan Parties are authorized and directed to segregate from their other cash, in a manner satisfactory to Nalpropion, cash in an amount equal to any and all amounts due and owing under the TSA, including all amounts relating to the Nalpropion Secured Obligations, whether incurred before, on or after the Petition Date, and all amounts that become due and payable under the TSA, in each case as they come due.


20.              DIP Fees and Expenses. The Debtors are authorized to pay any and all reasonable and documented out-of-pocket expenses of the DIP Agent and DIP Lenders in connection with the DIP Facility and as provided in the DIP Loan Documents, whether incurred before, on or after the Petition Date and whether or not the transactions contemplated hereby are consummated or such fees and expenses are set forth in the Approved Budget, including, without limitation, fees and expenses, subject to the Carve-Out, incurred in connection with (i) the preparation, negotiation and execution of the DIP Loan Documents; (ii) the funding of the DIP Facility; (iii) the creation, perfection or protection of the liens under the DIP Loan Documents (including all search, filing and recording fees); (iv) the on-going administration of the DIP Loan Documents (including the preparation, negotiation and execution of any amendments, consents, waivers, assignments, restatements or supplements thereto) and the Chapter 11 Cases; (v) the enforcement of the DIP Loan Documents; and (vi) any legal proceeding relating to or arising out of the DIP Facility or the other transactions contemplated by the DIP Loans Documents, including the Chapter 11 Cases. Payment of all such professional fees and expenses shall not be subject to