SEC Filings

8-K
PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 05/07/2019
Entire Document
 

 

Item 7.01Regulation FD Disclosure.

 

On May 1, 2019, Pernix Therapeutics Holdings, Inc. (“Pernix” or the “Company”) filed its initial monthly operating report (the “Initial Monthly Operating Report”) with the United States Bankruptcy Court for the District of Delaware (the “Court”), a copy of which is attached hereto as Exhibit 99.1.

 

Cautionary Statements Regarding the Initial Monthly Operating Report

 

The Company cautions investors and potential investors not to place undue reliance upon the information contained in the Initial Monthly Operating Report, which was not prepared for the purpose of providing the basis for an investment decision relating to any of the securities of the Company. The Initial Monthly Operating Report is limited in scope and has been prepared solely for the purpose of complying with requirements of the Court. The Initial Monthly Operating Report was not reviewed by independent accountants, is in a format prescribed by applicable bankruptcy laws, and is subject to future adjustment. The financial information in the Initial Monthly Operating Report is not prepared in accordance with accounting principles generally accepted in the United States (“GAAP”) and, therefore, may exclude items required by GAAP, such as certain reclassifications, eliminations, accruals, valuations and disclosures. The Initial Monthly Operating Report also relates to periods which are different from the historical periods required in the Company’s reports pursuant to the Securities Exchange Act of 1934, as amended (the “Exchange Act”).

 

Cautionary Statements Regarding Trading in the Company’s Securities

 

The Company’s stockholders are cautioned that trading in the Company’s securities during the pendency of the Company’s voluntary petitions for relief (the “Chapter 11 Cases”) under chapter 11 of title 11 of the United States Code will be highly speculative and will pose substantial risks. Trading prices for the Company’s securities may bear little or no relationship to the actual recovery, if any, by holders thereof in the Chapter 11 Cases. Accordingly, the Company urges extreme caution with respect to existing and future investments in its securities.

 

Limitation on Incorporation by Reference

 

In accordance with General Instruction B.2 of Form 8-K, the information in this Item 7.01 is being furnished for informational purposes only and shall not be deemed “filed” for purposes of Section 18 of the Exchange Act, or otherwise subject to the liabilities of that section, nor shall such information be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as otherwise expressly stated in such filing. The filing of this current report (including Exhibit 99.1 attached hereto) will not be deemed an admission as to the materiality of any information required to be disclosed solely by Regulation FD.

 

Additional Information regarding the Chapter 11 Case

 

Additional information is available on Pernix’s website at www.pernixtx.com. In addition, court filings and other documents related to the Chapter 11 Cases are available on a separate website administered by Pernix’s claims and noticing agent, Prime Clerk, at https://cases.primeclerk.com/pernix.

 

Item 9.01Financial Statements and Exhibits.

 

(d) Exhibits.

 

The following exhibits are being filed herewith: 

 

     

Exhibit

No.

 

Document

   
99.1   Initial Monthly Operating Report, dated May 1, 2019.