Treximet Assignment. Borrowers have requested consent from Agent and Required Lenders for Holdings to consummate the Treximet Assignment. Section 5.6 of the Credit Agreement prohibits any Borrower or its Subsidiaries from consummating any Asset Disposition without the prior written consent of Agent and Required Lenders unless such Asset Disposition is a Permitted Asset Disposition. The Treximet Assignment does not satisfy the terms of a Permitted Asset Disposition and, thus, consent from Agent and Required Lenders is required. Agent and Required Lenders hereby consent to Borrowers’ request for Holdings to consummate the Treximet Assignment. Agent and Lenders agree that the consummation of the Treximet Assignment is not, and shall not be deemed, a Default or Event of Default under the Credit Agreement and is hereby permitted under the Financing Documents. The foregoing consent and agreement is expressly limited to the Treximet Assignment, and shall not be construed to permit any Borrower to transfer any other assets other than as expressly permitted by the terms of the Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Pernix Therapeutics Holdings, Inc.)