X0306 4 2013-03-06 1 0001339455 Pernix Sleep, Inc. SOMX 0001024004 HALE DAVID F C/O SOMAXON PHARMACEUTICALS, INC. 440 STEVENS AVENUE, SUITE 200 SOLANA BEACH CA 92075 1 Common Stock 2013-03-06 4 D 0 70388 0 D 0 D Common Stock 2013-03-06 4 D 0 40098 0 D 0 I By the Hale Family Trust UTD 2/10/86 These securities represent common stock and restricted stock units vested immediately prior to the effective time of the merger, all of which were disposed of pursuant to the Agreement and Plan of Merger (the "Merger Agreement") dated as of December 10, 2012 by and among Somaxon Pharmaceuticals, Inc., a Delaware corporation ("Somaxon"), Pernix Therapeutics Holdings, Inc. ("Pernix") and Pernix Acquisition Corp. I, a Delaware corporation and a wholly owned subsidiary of Pernix, in exchange for Pernix common stock at an exchange ratio of 1 share of Somaxon common stock for 0.477730059 shares of Pernix common stock. /s/ Matthew W. Onaitis, Attorney-in-fact 2013-03-06