|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019|
Lenders and Prepetition Term Lenders (as applicable), shall have the unqualified right to credit bid up to the full amount of the Prepetition Revolving Obligations and Prepetition Term Obligations, as applicable, in any sale of the Prepetition Collateral and/or Prepetition Term Collateral (or in each case, any part thereof), and (c) the Prepetition Treximet Notes Trustee, on behalf of the Prepetition Treximet Noteholders, shall have the right to credit bid up to the full amount of Prepetition Treximet Notes Obligations in any sale of the Prepetition Treximet Notes Collateral (or any part thereof), in each case pursuant to Bankruptcy Code section 363(k), without the need for further Court order authorizing the same, and whether such credit bid is submitted in connection with the “Sale” under the Sale Procedures Order (as defined in the DIP Credit Agreement) or any other sale effectuated through sections 363 or 1129 of the Bankruptcy Code, by a Chapter 7 trustee under section 725 of the Bankruptcy Code, or otherwise. A credit bid submitted by the DIP Agent, DIP Lenders, Prepetition Revolving Lenders, Prepetition Term Lenders, Prepetition Agents, Prepetition Treximet Notes Trustee and/or Prepetition Treximet Noteholders shall be considered a “Qualified Bid” under the Sale Procedures Order.
43. Disposition of Collateral. Other than pursuant to the Sale Procedures Order or Sale Order (as defined in the DIP Credit Agreement), or as provided in this Interim Order and in the DIP Loan Documents, the Debtors shall not sell, transfer, lease, encumber, or otherwise dispose of any portion of the DIP Collateral or any Prepetition Collateral other than in the ordinary course of business (or enter into any binding agreement to do so) and shall not permit any of their subsidiaries to sell, transfer, lease, encumber, or otherwise dispose of any assets (other than in the ordinary course of business) without the prior written consent of the DIP Lenders.