|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
deemed to confer standing to commence any action or proceeding, including any Committee or party in interest. If an Objection is timely lodged, the stipulations contained in this Interim Order shall be binding on the Debtors’ estates and all parties in interest except to the extent such stipulations are specifically challenged in such Objection, as and when originally filed (ignoring any relation back principles); provided, that if and to the extent an Objection is withdrawn, denied or overruled, the stipulations specifically challenged in such Objection shall be binding on the Debtors’ estates and all parties in interest. For the avoidance of doubt, any chapter 7 or 11 trustee appointed or elected in these cases during the investigation period shall, until the expiration of the periods provided herein for asserting lender claims and thereafter for the duration of any adversary proceeding or contested matter commenced pursuant to the Challenge Period (whether commenced by such trustee or commenced by any other party in interest on behalf of the Debtors’ estates) be deemed to be a party other than the Debtors and shall not, for purposes of such adversary proceeding or contested matter, be bound by the acknowledgements, admissions, confirmations, stipulations, releases and waivers of the Debtors in this Interim Order.
34. Waiver of Requirement to File Proofs of Claim.
(a) The DIP Agent and the DIP Lenders shall not be required to file proofs of claim in the Chapter 11 Cases or any Successor Case in order to maintain their claims for payment of principal, interest, fees, expenses and other amounts owing in respect of the DIP Obligations under, and as provided in, the DIP Loan Documents. The statements of claim in respect of the DIP Obligations set forth in this Interim Order, together with the evidence accompanying the Motion and presented at the Interim Hearing are deemed sufficient to and do constitute proofs of claim in respect of such obligations and such secured status.