SEC Filings

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

guideline, directive or treaty, or (c) the making or issuance by any Governmental Authority of any request, rule, guideline or directive, whether or not having the force of law; provided that notwithstanding anything in the Agreement to the contrary, (i) the Dodd-Frank Wall Street Reform and Consumer Protection Act and all requests, rules, guidelines, requirements or directives thereunder or issued in connection therewith or in implementation thereof and (ii) all requests, rules, guidelines, requirements or directives concerning capital adequacy promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities shall, in each case, be deemed to be a “Change in Law,” regardless of the date enacted, adopted, implemented or issued.

 

Claim” has the meaning specified therefor in Section ‎11 of the Agreement.

 

Closing Date” means the first Business Day on which the conditions referred to in Section 3.1 of the Agreement shall have been satisfied or waived and the Closing Date Loans shall have been made to the Borrower.

 

Closing Date ABL Refinancing Commitment” means, with respect to each Lender, the commitment of such Lender to make Closing Date ABL Refinancing Loans hereunder on the Closing Date, in each case as such Dollar amounts are set forth beside such Lender’s name under the applicable heading on Part A of Schedule C-1 to the Agreement or in the Assignment and Acceptance pursuant to which such Lender became a Lender under the Agreement, as such amounts may be reduced or increased from time to time pursuant to assignments made in accordance with the provisions of Section ‎13.1 of the Agreement. As of the Closing Date, immediately prior to the funding of any Loans, the aggregate principal amount of the Closing Date ABL Refinancing Commitments is $14,525,153.79.

 

Closing Date ABL Refinancing Loan” has the meaning specified therefor in Section 2.1(a) of this Agreement.

 

Closing Date Commitments” shall mean the Closing Date General Purpose Commitments and the Closing Date ABL Refinancing Commitments.

 

Closing Date General Purpose Commitment” means, with respect to each Lender, the commitment of such Lender to make Closing Date General Purpose Loans hereunder on the Closing Date, in each case as such Dollar amounts are set forth beside such Lender’s name under the applicable heading on Part B of Schedule C-1 to the Agreement or in the Assignment and Acceptance pursuant to which such Lender became a Lender under the Agreement, as such amounts may be reduced or increased from time to time pursuant to assignments made in accordance with the provisions of Section ‎13.1 of the Agreement. As of the Closing Date, immediately prior to the funding of any Loans, the aggregate principal amount of the Closing Date General Purpose Commitments is $4,000,000.

 

Closing Date General Purpose Loan” has the meaning specified therefor in Section 2.1(a) of this Agreement.

 

Closing Date Loans” has the meaning specified therefor in Section 2.1(a) of the Agreement.

 

CMS” means The Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services, and any Governmental Authority successor thereto.

 

Code” means the New York Uniform Commercial Code, as in effect from time to time; provided, however, that in the event that, by reason of mandatory provisions of law, any or all of the perfection or priority of, or remedies with respect to, any Liens on any Collateral is governed by the

 

Schedule 1.1

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