|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
22. Excluded Professional Fees. The Debtors shall not assert or prosecute, and no portion of the DIP Facility, the DIP Collateral, the Cash Collateral, or the Carve-Out, and no disbursements set forth in the Approved Budget, shall be used for the payment of professional fees, disbursements, costs or expenses incurred in connection with (a) asserting or prosecuting any claims, causes of action, or lodging an objection against the Prepetition Secured Parties, Prepetition Agents, Prepetition Treximet Noteholders, Prepetition Treximet Notes Trustee, DIP Agent, or DIP Lenders, (b) asserting or prosecuting any claims, causes of action, or lodging an objection to the Prepetition Obligations, Prepetition Treximet Notes Obligations, DIP Obligations, DIP Liens, Prepetition Treximet Notes Liens or Prepetition Liens, (c) lodging an Objection (as defined below), or (d) objecting to, contesting, delaying, preventing or interfering with in any way the exercise of rights and remedies by the DIP Agent and the DIP Lenders with respect to the DIP Collateral once a Termination Event has occurred (except that the Borrower may contest or dispute whether a Termination Event has occurred and the Borrower shall be entitled to any notice provisions provided in this Interim Order). Notwithstanding the foregoing, (i) the Debtors shall be permitted to enforce the terms of the DIP Facility or this Interim Order, and (ii) no more than $50,000 of the proceeds of the DIP Facility, DIP Collateral, or Cash Collateral may be used by the Committee in connection with the investigation of, but not litigation, objection or any challenge to, the Prepetition Liens or Prepetition Obligations (the “Investigation Budget”).
23. 506(c) Waiver; Marshaling. Subject only to and effective upon the entry of the Final Order, the Debtors (on behalf of themselves and their estates) shall irrevocably waive, and shall be prohibited from asserting, any surcharge claim under Bankruptcy Code section 506(c) or otherwise for any costs and expenses incurred in connection with the preservation, protection or