|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
pursuant to section 328 or 1103 of the Bankruptcy Code (the “Committee Professionals” and, together with the Debtor Professionals, the “Professional Persons”) (excluding fees and expenses of persons or firms retained by Committee members) at any time before or on the first day following delivery by a DIP Agent of a Default Notice, whether allowed by this Court prior to or after delivery of a Default Notice (the “Pre-Default Notice Amount”); and (iv) Allowed Professional Fees of Professional Persons in an aggregate amount not to exceed $1.5 million incurred after the first day following delivery by the DIP Agent of a Default Notice to the extent allowed at any time, whether by interim order, procedural order or otherwise (the “Post-Default Notice Carve-Out Cap”). Notwithstanding anything to the contrary herein or in the DIP Loan Documents, the DIP Loans and Carve-Out shall not be used to fund aggregate cumulative expenditures for Professional Persons that exceed the maximum amount with respect thereto set forth in the Approved Budget (after giving effect to any Permitted Variance).
(b) Delivery of Weekly Fee Estimates. Not later than 7:00 p.m. EST time on the third business day of each week starting with the first full calendar week following the Petition Date, each Professional Person shall deliver to the Debtors a statement (each such statement, a “Weekly Statement”) setting forth a good-faith estimate of the amount of fees and expenses incurred during the preceding week by such Professional Person (through Saturday of such week, the “Calculation Date”), along with a good-faith estimate of the cumulative total amount of unpaid fees and expenses incurred through the applicable Calculation Date (collectively, “Estimated Fees and Expenses”) and a statement of the amount of such fees and expenses that have been paid to date by the Debtors. No later than one business day after the delivery of a Default Notice, each Professional Person shall deliver one additional statement (the “Final Statement”) to the Debtors setting forth a good-faith estimate of the amount of fees and