|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
subsections (b), (f), (k), and (m) thereof) and Bankruptcy Code section 365 in order to sell and transfer the Prepetition Collateral and/or the DIP Collateral to the DIP Agent, Prepetition Revolving Agent, Prepetition Term Agent, as applicable, or the designees of any of the foregoing; and (vii) take any other actions or exercise any other rights or remedies permitted under this Interim Order, the DIP Loan Documents, the Intercreditor Agreement, the Prepetition Financing Documents or applicable law to effect the repayment of the DIP Obligations and the Prepetition Obligations. During the Default Notice Period, the Debtors shall be entitled to an emergency hearing before the Court, with proper notice to the DIP Agent and Prepetition Agents, for the purpose of contesting whether a Termination Event has occurred and/or is continuing.
(b) Subject to the Default Notice Period, the automatic stay under section 362(a) of the Bankruptcy Code shall be automatically vacated and modified as provided above, unless and until, the Court has determined that a Termination Event has not occurred and/or is not continuing, and in such case, the Debtors shall not seek to enjoin, hinder, delay or object to the (x) DIP Agent’s exercise of rights and remedies in accordance with the DIP Loan Documents, or (y) the Prepetition Term Agent’s and/or the Prepetition Term Lenders’ exercise of rights and remedies in accordance with the Prepetition Term Financing Documents.
(c) The rights and remedies of the DIP Agent, DIP Lenders, Prepetition Agents, Prepetition Secured Parties, Prepetition Treximet Notes Trustee and Prepetition Treximet Noteholders specified herein are cumulative and not exclusive of any rights or remedies that the DIP Agent, DIP Lenders, Prepetition Agents, Prepetition Secured Parties, Prepetition Treximet Notes Trustee and/or Prepetition Treximet Noteholders may respectively have under the DIP Loan Documents, the Prepetition Financing Documents, the Intercreditor Agreement, the Prepetition Treximet Notes Financing Documents or otherwise. The Debtors