SEC Filings

PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 06/26/2019
Entire Document


property of the Liquidating Trust for purposes of distribution to holders of Liquidating Trust Interests therein.


81.       “Liquidating Trust Interests” means (a) the Class A Liquidating Trust Interests and (b) the Class B Liquidating Trust Interests.


82.       “Liquidating Trustee” means the trustee appointed by the Creditors’ Committee, in consultation with the Debtors and Highbridge, to serve as the liquidating trustee under the Liquidating Trust Agreement.


83.       Macoven” means Macoven Pharmaceuticals, LLC.


84.       “Nalpropion” means Nalpropion Pharmaceuticals, Inc.


85.       “New Jersey Office Lease” shall mean that certain Agreement of Lease, dated as of April 8, 2014, by and among 10 North Park Place, LLC and Pernix, as amended by that certain Amendment to Lease, dated as of January 21, 2015, and as otherwise amended, supplemented, or modified from time to time.


86.       “Notice, Claims and Balloting Agent” means Prime Clerk LLC.


87.       Notice of Effective Date” means a notice to be Filed with the Bankruptcy Court by the Debtors upon the occurrence of all the conditions to Confirmation and Consummation set forth in Article VIII of the Plan.


88.       “Ordinary Course Professional Order” means the Order Authorizing the Employment and Retention of Professionals Utilized in the Ordinary Course of Business [D.I. 184].


89.       “Other Secured Claimsmeans any Secured Claim that is not a DIP Claim, Prepetition DDTL Secured Claim, or Prepetition Secured Treximet Claim.


90.       “Pernix” means Pernix Therapeutics Holdings, Inc.


91.       “Pernix Sleep” means Pernix Sleep, Inc.


92.       “Pernix Therapeutics” means Pernix Therapeutics, LLC.


93.       “Person” means a person as such term is defined in Bankruptcy Code section 101(41).


94.       “Petition Date” means February 18, 2019, the date on which the Debtors commenced the Chapter 11 Cases.


95.       “PIL” means Pernix Ireland Limited.


96.       “PIP DAC” means Pernix Ireland Pain Designated Activity Company.


97.       “Plan” means this Joint Plan of Liquidation of Pernix Sleep, Inc. and its Affiliates Pursuant to Chapter 11 of the Bankruptcy Code (as modified, amended or supplemented from time to time).


98.       “Plan Administrator” means the person identified in the Plan Supplement, or any successor thereto, to have all powers and authorities set forth in Article IVD of this Plan.


99.       “Plan Supplement” means the compilation of documents and forms of documents, schedules, and exhibits to the Plan, whereby the Debtors will disclose the identity