SEC Filings

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

Schedule P-2

 

Permitted Liens

 

1.Standard copier leases.

 

2.Lease for 110 Dell tablets and styluses.

 

3.Lien in favor of Nalpropion Pharmaceuticals, Inc. on all Pernix Therapeutics, LLC accounts arising from (i) the sale or distribution of the products, any of the services performed under the Transitional Distribution Services Agreement, dated as of January 6, 2019, between Pernix Therapeutics, LLC and Nalpropion Pharmaceuticals, Inc.; (ii) all cash and cash equivalents arising from the sale or distribution of Pernix Therapeutics, LLC’s products, (iii) specific deposit accounts and all other deposit accounts into which any cash or cash equivalent referred to in clause (ii) is deposited; (iv) all inventory of the product; (v) all required permits; and (vi) all accessions and all proceeds of any and all of the foregoing in favor of Nalpropion Pharmaceuticals, Inc.

 

4.The following liens in favor of Cantor Fitzgerald Securities, as the Prepetition Revolving Agent (as defined in the Credit Agreement), securing the Prepetition Revolving Obligations (as defined in the Credit Agreement):

 

a.Lien on all assets of GAINE, INC. by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

b.Lien on all assets of Cypress Pharmaceuticals, Inc. by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

c.Lien on all assets of Hawthorn Pharmaceuticals, Inc. by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

d.Lien on all assets of Macoven Pharmaceuticals, L.L.C. by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

e.Lien on all assets of PERNIX SLEEP, INC. by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

f.Lien on all assets of Pernix Therapeutics Holdings, Inc. by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

g.Lien on all assets of Pernix Therapeutics, LLC by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

h.Lien on all assets of Respicopea Inc. by Cantor Fitzgerald Securities, as the Prepetition Revolving Agent.

 

5.The following lien in favor of Cantor Fitzgerald Securities, as the Prepetition Term Agent (as defined in the Credit Agreement), securing the Prepetition Term Obligations (as defined in the Credit Agreement):

 

a.Lien on all assets of Pernix Ireland Pain Designated Activity Company by Cantor Fitzgerald Securities, as the Prepetition Term Agent.

 

6.Lien on Pernix Therapeutics Holdings, Inc.’s right, title and interest to (i) Promissory Note, dated as of August 19, 2014, by and between Pernix Therapeutics Holdings, Inc. and Pernix Ireland Limited and (ii) 100 ordinary shares of €1.00 and all other shares in the capital of Pernix Ireland Limited in favor of U.S. Bank National Association.

 

7.Lien on all assets of Pernix Ireland Limited in favor of U.S. Bank National Association.

 

Schedule P-2