|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
(f) Furthermore, notwithstanding anything to the contrary in the DIP Loan Documents, this Interim Order or the Final Order, (i) disbursements by the Debtors from the Carve-Out Account shall not constitute a Loan (as defined in the DIP Credit Agreement) or increase or reduce the DIP Obligations, (ii) the failure of the Carve-Out Account to satisfy in full the Allowed Professional Fees shall not affect the priority of the Carve-Out and (iii) disbursements by the Debtors from the Carve-Out Account shall be included in the Debtors’ monthly operating reports filed with the Court. Finally, while the terms of this Interim Order place limitations on the payment of Allowed Professionals Fees from borrowings under the DIP Facility, Cash Collateral and the Carve-Out Account, such provisions shall not operate to create a cap or limitation on the amount of the Allowed Professional Fees due and payable by the Debtors.
(g) The payment of any Allowed Professional Fees pursuant to the Carve-Out shall not, and shall not be deemed to (i) reduce the Debtors’ obligations owed to the DIP Agent, DIP Lenders, the Prepetition Agents, or the Prepetition Secured Parties (whether under this Interim Order or otherwise) or, (ii) other than as necessary to permit the payment of such Allowed Professional Fees (in each case, subject to the terms of and as expressly provided in this Interim Order with respect to the Carve-Out), modify, alter or otherwise affect any of the liens and security interests of such parties (whether granted under this Interim Order or otherwise) in the Prepetition Collateral or the DIP Collateral (or their claims against the Debtors). The DIP Agent, DIP Lenders, Prepetition Agents, and the Prepetition Secured Parties shall not be responsible for the direct payment or reimbursement of any Allowed Professional Fees, or any fees or expenses of the U.S. Trustee or Clerk of the Court (or of any other entity) incurred in connection with the Chapter 11 Cases or any Successor Cases.