|PERNIX THERAPEUTICS HOLDINGS, INC. filed this Form 8-K on 06/26/2019|
138. “Subordinated Claim” means any Claim that is subject to subordination, including any Claims arising from rescission of a purchase or sale of a Security of any Debtor or an Affiliate of any Debtor, which Security is not an Interest, for damages arising from the purchase or sale of such a Security, or for reimbursement or contribution allowed under section 502 of the Bankruptcy Code on account of such a Claim.
139. “Transferred Assets” has the meaning ascribed to that term in the Asset Purchase Agreement.
140. “Treximet Consideration” means the payment of $5,000,000.00 in Cash to Holders of Prepetition Treximet Notes pursuant to the Sale Order.
141. “Treximet Intercompany Note” means that certain intercompany note in the amount of $225 million, between the corporate predecessor of PIL and Pernix.
142. “Trust Cash Amount” means (a) Cash in the amount of $4.1 million funded by the Highbridge Funds under the UCC Settlement and placed in the segregated NH Unsecured Escrow Account (as defined in the Final DIP Order), on or about April 30, 2019 and pursuant to the Amendment No. 1 to Amended and Restated Asset Purchase Agreement and (b) any proceeds of the Liquidating Trust Assets. For the avoidance of doubt, the Trust Cash Amount does not include any Cash, on the Effective Date, other than the $4.1 million funded by the Highbridge Funds.
143. “Trust Causes of Action” means any Preserved Avoidance Action.
144. “Trust Fees Amount” means Cash in the amount of $900,000.00 less the aggregate amount of the Professional Fee Claims of the Creditors’ Committee incurred during the Chapter 11 Cases.
145. “UCC Settlement” means that certain settlement agreement among the Debtors, the Creditors’ Committee and the Highbridge Funds, set forth in the Term Sheet for Settlement with Official Creditors’ Committee, dated March 21, 2019, and approved by the Committee 9019 Order.
146. “Unclaimed Property” means any distribution to Creditors under this Plan that are unclaimed thirty (30) days following the date of such distribution under this Plan.
147. “Unclaimed Property Reserve” means any Unclaimed Property reserved for a period of thirty (30) days by the Liquidating Trustee or Plan Administrator, as applicable, on behalf of holders of Unclaimed Property.
148. “Unexpired Lease” means a lease to which the Debtor is a party that is subject to assumption or rejection under Bankruptcy Code section 365.
149. “Unimpaired” means, with respect to a Class of Claims or Interests, a Class of Claims or Interests that is not impaired within the meaning of Bankruptcy Code section 1124.
150. “Unsecured Indenture Trustees” means the Prepetition Convertible Notes Trustee and the Prepetition Exchangeable Notes Trustee, collectively.
151. “U.S. Trustee” means the United States Trustee for Region 3.
152. “Venable” means Venable LLP.
153. “Voting Deadline” means 11:59 p.m. (prevailing Eastern Time) on June 13, 2019.