SEC Filings

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

 

be turned over to the DIP Agent or the Prepetition Agents, as the case may be, for application in accordance with this Interim Order, the DIP Loan Documents, the Prepetition Financing Documents, the Intercreditor Agreement, as applicable, and under applicable law.

 

25.              Binding Nature of Order. The provisions of this Interim Order shall be binding upon the Debtors and their respective successors and assigns, including, without limitation, any trustee or other fiduciary hereafter elected or appointed for or on behalf of any of the Debtors.

 

26.              Survival of Order. With respect to the DIP Lenders, Prepetition Agents, Prepetition Secured Parties, Prepetition Treximet Notes Trustee and Prepetition Treximet Noteholders, the provisions of this Interim Order and any actions taken pursuant thereto (a) shall survive the entry of any order: (i) confirming any plan of reorganization in any of the Chapter 11 Cases; (ii) converting any of the Chapter 11 Cases to a case under Chapter 7 of the Bankruptcy Code; or (iii) dismissing any of the Chapter 11 Cases; and (b) shall continue in full force and effect notwithstanding the entry of any such order, and the claims, liens, and security interests granted pursuant to this Interim Order shall maintain their priority as provided by this Interim Order until all of the DIP Obligations are indefeasibly paid in full and discharged in accordance with the DIP Loan Documents. The DIP Obligations shall not be discharged by the entry of any order confirming any plan of reorganization in any of the Chapter 11 Cases that does not provide for the payment in full and in cash of the DIP Obligations, and upon the entry of any such order, the Debtors shall, and shall be deemed to, waive any such discharge pursuant to section 1141(d)(4) of the Bankruptcy Code.

 

27.              Protection under Section 364(e) of the Bankruptcy Code. If any or all of the provisions of this Interim Order are hereafter reversed, modified, vacated or stayed, such reversal, modification, vacatur or stay shall not affect (i) the validity of any DIP Obligations or

 

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