Order Approving Joint Stipulation Between The Debtors And
Date
2012-02-29
Full text
1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
Chapter 11
Case No. 24-11217 (BLS)
(Jointly Administered)
Re: Docket No. 726
ORDER APPROVING JOINT STIPULATION BETWEEN THE DEBTORS AND
EWALD FLEET SOLUTIONS LLC IN CONNECTION WITH TRUDELL SALE
Upon consideration of the Joint Stipulation Between the Debtors and Ewald Fleet
Solutions, LLC (“Ewald”) in Connection With Trudell Sale (the “Stipulation”)2 a copy of
which is attached hereto as Exhibit 1; and the Court having determined that the Stipulation is
in the best interests of the Debtors, their estates, their creditors, and all parties in interest; and
the Court having found that it has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157
and 1334 and the Amended Standing Order of Reference from the United States District Court
for the District of Delaware, dated February 29, 2012, that venue is proper in this District
pursuant to 28 U.S.C. §§ 1408 and 1409, and that this is a core proceeding pursuant to 28
U.S.C. § 157(b); and it appearing that no other or further notice is required; and after due
deliberation, and good and sufficient cause appearing therefor,
1 The last four digits of Debtor Vyaire Medical, Inc.’s federal tax identification number are 6495. A complete list of
each of the Debtors in these chapter 11 cases and each such Debtor’s federal tax identification number may be obtained
on the website of the Debtors’ claims and noticing agent at https://omniagentsolutions.com/Vyaire. The location of
Debtor Vyaire Medical, Inc.’s principal place of business and the Debtors’ service address in these chapter 11 cases
is 26125 North Riverwoods Boulevard, Mettawa, Illinois, USA 60045.
2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the
Stipulation.
In re:
VYAIRE MEDICAL, INC., et al.,1
Debtors,
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IT IS HEREBY ORDERED THAT:
1.
The Stipulation and all provisions therein and hereby approved.
2.
The Ewald Master Lease Agreement is hereby deemed rejected on the Effective
Date of Rejection as defined in the Stipulation without further order of the Court.
3.
Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this
order are immediately effective and enforceable upon its entry.
4.
The Debtors and Ewald are authorized to take all actions necessary to effectuate
the relief granted in this Order and the Stipulation.
5.
The Court shall retain jurisdiction over any and all matters arising from or
related to the implementation or interpretation of the Stipulation and this Order.
BRENDAN L. SHANNON
UNITED STATES BANKRUPTCY JUDGE
Dated: November 12th, 2024
Wilmington, Delaware
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