|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
date that precedes the Petition Date. Upon the request of the DIP Lenders or the Prepetition Secured Parties, the DIP Loan Parties, without any further consent of any party, are authorized to take, execute and deliver such instruments (in each case without representation or warranty of any kind except as set forth in the DIP Loan Documents) to enable the DIP Agent the DIP Lenders or the applicable Adequate Protection Party to further validate, perfect, preserve and enforce the DIP Liens and/or the Adequate Protection Liens. A certified copy of this Interim Order may be filed with or recorded in filing or recording offices in addition to or in lieu of such financing statements, mortgages, deeds of trust, notices of lien or similar instruments, and all filing offices are hereby authorized to accept such certified copy of this Interim Order for filing and recording.
15. Other Automatic Perfection Matters. To the extent that the Prepetition Agents are secured parties under any account control agreements, listed as loss payee under any of the DIP Loan Parties’ insurance policies or is the secured party under any Prepetition Financing Document, the DIP Agent, on behalf of the DIP Lenders, is also deemed to be the secured party under such account control agreements, loss payee under the DIP Loan Parties’ insurance policies and the secured party under each the Prepetition Financing Documents, and shall have all rights and powers in each case attendant to that position (including, without limitation, rights of enforcement), and shall act in that capacity and distribute any proceeds recovered or received in accordance with the terms of this Interim Order and/or the Final Order, as applicable, and the other DIP Loan Documents. The Prepetition Revolving Agent shall serve as agent for the DIP Agent for purposes of perfecting the DIP Agent’s security interests in and liens on all DIP Collateral that is of a type such that perfection of a security interest therein may be accomplished only by possession or control by a secured party.