|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
36. DIP Agent and Prepetition Agents Authorization. Notwithstanding any provision of the Prepetition Financing Documents or the DIP Loan Documents, the DIP Agent and Prepetition Agents are hereby authorized to make any and all account transfers requested by the Debtors in accordance with the Approved Budget, and is further authorized to take any other action reasonably necessary to implement the terms of this Interim Order.
37. No Modification of Interim Order. The Debtors irrevocably waive any right to seek any amendment, modification or extension of this Interim Order without the prior written consent of the DIP Lenders and no such consent shall be implied by any action, inaction or acquiescence of the DIP Lenders.
38. Rights Preserved. Notwithstanding anything herein to the contrary, the entry of this Interim Order is without prejudice to, and does not constitute a waiver of, expressly or implicitly the DIP Agent’s, the DIP Lenders’, the Prepetition Agents’, Prepetition Secured Parties’, Prepetition Treximet Notes Trustee’s or Prepetition Treximet Noteholders’ right to seek any other or supplemental relief in respect of the Debtors, including the right to seek additional adequate protection (subject to the Intercreditor Agreement). Nothing contained herein shall be deemed a finding by the Court or an acknowledgement by the Prepetition Agents or the Prepetition Secured Parties that the adequate protection granted herein does in fact adequately protect the Prepetition Secured Parties against any diminution in value of the Prepetition Collateral.
39. Priority of Terms. To the extent of any conflict between or among (a) the Motion, any other order of this Court (other than the Final Order), or any other agreements, on the one hand, and (b) the terms and provisions of this Interim Order, on the other hand, the terms and provisions of this Interim Order shall govern.