SEC Filings

8-K
PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 02/27/2019
Entire Document
 

Ireland Pain);

 

8.16            Modification to DIP Orders, Etc. If (i) an order of the Bankruptcy Court shall be entered reversing, staying, vacating or (without the consent of the Agent and the Required Lenders in their sole discretion) otherwise amending, supplementing or modifying the Interim DIP Order, the Final DIP Order or any other order relating to the use of cash collateral (in each case without the written consent of the Agent and the Required Lenders in their sole discretion) or (ii) if the Bankruptcy Court shall enter any order terminating the right of any Debtor to use cash collateral;

 

8.17            Prepetition Payments. Except as permitted by the Interim DIP Order or Final DIP Order, or as otherwise permitted by this Agreement (including in connection with adequate protection payments), or as otherwise agreed to by the Agent, if Borrower or any of its Subsidiaries shall make any Prepetition Payment other than Prepetition Payments authorized by the Bankruptcy Court (and made in accordance with the Approved Budget, subject to Permitted Variances) that are: (1) in accordance with “first day” or “second day” orders complying with the terms of this Agreement and entered with the consent of (or non-objection by) the Agent (at the direction of the Required Lenders) on or prior to the earlier of the date referred to in clause (c) of Schedule 5.22 and the entry of the Final DIP Order, or other orders of the Bankruptcy Court entered with the consent of (or non-objection by) the Agent (at the direction of the Required Lenders), (2) in connection with the assumption of executory contracts and unexpired leases with the consent of (or non-objection by) the Agent (at the direction of the Required Lenders), (3) in respect of accrued payroll and related expenses and employee benefits as of the Petition Date and (4) in respect of other Prepetition Payments authorized by order of the Bankruptcy Court entered with the consent of (or non-objection by) the Agent (at the direction of the Required Lenders) in an aggregate amount not to exceed $500,000;

 

8.18            Compliance with Orders. If any Loan Party or Subsidiary thereof shall fail to comply with the Approved Budget, subject to Permitted Variances, or otherwise fail to perform in all material respects any of its material obligations under any terms of (a) the Interim DIP Order or Final DIP Order, (b) after entry thereof, the Sale Procedures Order or the Sale Order; or (c) any other order of the Bankruptcy Court (x) authorizing the use of cash collateral, (y) approving debtor-in-possession financing, or (z) granting adequate protection;

 

8.19            Sale of Assets; Etc. If (a) any Loan Party or Subsidiary shall file any motion seeking authority to consummate a sale of assets (other than the Treximet Assets) of such Loan Party’s or Subsidiary’s outside the ordinary course of business, or any sale of any part of the Collateral pursuant to Section 363 of the Bankruptcy Code, in each case without the consent of the Required Lenders, or (b) any Loan Party or Subsidiary shall file (or support or fail to oppose) a motion seeking, or the Bankruptcy Court shall enter, an order, authorizing the sale of all or substantially all of such Loan Party’s or Subsidiary’s assets (other than the Treximet Assets) (unless such order contemplates payment in full in cash of the Obligations upon consummation of such sale, whether pursuant to a plan of reorganization or otherwise);

 

8.20            Reorganization Plan. If a Reorganization Plan that is not an Acceptable Reorganization Plan shall be confirmed in the Case, or Borrower shall propose or support or fail to oppose any such plan or any motion or other pleading that seeks to extend the Maturity Date

 

8.21            Dissolution of Borrower or any Subsidiary. If any order, judgment or decree shall be entered against Borrower or any Subsidiary decreeing the dissolution or split up of Borrower or any Subsidiary and such order shall remain undischarged or unstayed for a period in excess of thirty (30) days;

 

8.22            Case Administration Procedures. If an order shall be entered establishing procedures

 

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