|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
40. Entry of Interim Order; Effect. This Interim Order shall take effect and be fully enforceable nunc pro tunc to the Petition Date immediately upon entry hereof, notwithstanding the possible application of Fed. R. Bankr. P. 6004(h), 7062, 9014, or otherwise.
41. Limitation of Liability. In determining to make any DIP Loans, permitting the use of Cash Collateral, or in exercising any rights or remedies as and when permitted pursuant to this Interim Order (or any Final Order), the DIP Loan Documents, the Prepetition Treximet Notes Financing Documents or the Prepetition Financing Documents, the DIP Agent, DIP Lenders, Prepetition Agents, Prepetition Secured Parties, Prepetition Treximet Noteholders or Prepetition Treximet Notes Trustee shall not be deemed to be in control of the operations of the Debtors or any affiliate (as defined in section 101(2) of the Bankruptcy Code) of the Debtors, or to be acting as a “responsible person” or “owner or operator” with respect to the operation or management of the Debtors or any affiliate of the Debtors (as such terms, or any similar terms, are used in the United States Comprehensive Environmental Response, Compensation and Liability Act, 29 U.S.C. §§ 9601 et seq., as amended, or any similar federal or state statute). Furthermore, nothing in this Interim Order, DIP Loan Documents, Prepetition Financing Documents or Prepetition Treximet Financing Documents shall in any way be construed or interpreted to impose or allow the imposition upon the DIP Agent, the DIP Lenders, the Prepetition Agents, Prepetition Secured Parties, Prepetition Treximet Notes Trustee or Prepetition Treximet Noteholders of any liability for any claims arising from the prepetition or postpetition activities of the Debtors or any affiliate of the Debtors.
42. Credit Bidding. (a) The DIP Agent, on behalf of the DIP Lenders, shall have the unqualified right to credit bid up to the full amount of the DIP Obligations in any sale of the DIP Collateral (or any part thereof), (b) the Prepetition Agents, on behalf of the Prepetition Revolving