Notice (2018-04-16)
- Date
- 2018-04-16
Summary
A Notice of Appearance and Request for Service of Papers filed June 10, 2024 as Doc 42 in In re Vyaire Medical, Inc, et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. Bank of America, N.A., as Administrative Agent and Collateral Agent under a First Lien Credit Agreement dated as of April 16, 2018, appears through Haynes and Boone, LLP and Ashby & Geddes, P.A. Under Rules 2002, 9007 and 9010 of the Federal Rules of Bankruptcy Procedure and 11 U.S.C. §§ 102(1), 342 and 1109(b), it asks that all notices and papers in the cases be served on its counsel by email. The notice states that it does not waive rights including de novo review of non-core matters, jury trial and withdrawal of the reference. The four-page filing includes a certificate of service.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 24-11217-BLS Doc 42 Filed 06/10/24 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
VYAIRE MEDICAL, INC, et al.,1 Case No. 24-11217 (BLS)
Debtors. (Joint Administration Requested)
NOTICE OF APPEARANCE AND REQUEST FOR SERVICE OF PAPERS
PLEASE TAKE NOTICE that Bank of America, N.A. in its capacity as Administrative Agent
and Collateral Agent under that certain First Lien Credit Agreement, dated as of April 16, 2018 (as
amended by certain amendments thereto) (the “Prepetition First Lien Agent”) hereby appears in the
above-captioned cases through its counsel Haynes and Boone, LLP and Ashby & Geddes, P.A. and,
pursuant to Rules 2002, 9007 and 9010 of the Federal Rules of Bankruptcy Procedure and 11 U.S.C.
§§ 102(1), 342 and 1109(b), requests that copies of all notices given or required to be given in these
cases or any related adversary proceedings and copies of all papers served or required to be served in
these cases or related proceedings be given and served upon:
HAYNES AND BOONE, LLP ASHBY & GEDDES, P.A.
Eli Columbus, Esq. Michael DeBaecke, Esq.
J. Frasher Murphy, Esq. 500 Delaware Avenue, 8th Floor
Matt Ferris, Esq. Wilmington, DE 19801
2801 N. Harwood Street, Suite 2300 Tel: (302) 654-1888
Tel: (214) 651-5000 Email: MDeBaecke@ashbygeddes.com
Dallas, Texas 75201
Email: Eli.Columbus@haynesboone.com
Email: Frasher.Murphy@haynesboone.com
Email: Matt.Ferris@haynesboone.com
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’ proposed 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.
{02024292;v1 }
Case 24-11217-BLS Doc 42 Filed 06/10/24 Page 2 of 4
PLEASE TAKE FURTHER NOTICE that this request for notice includes copies of all
papers, including, but not limited to, filed reports, pleadings, motions, applications, petitions, notices,
statements, replies, schedules, proposed plans, disclosure statements, briefs, and any responding
papers filed in these cases or any related proceedings and that such notice, unless otherwise directed
by the Court or the Prepetition First Lien Agent, be made via email to the persons listed above.
PLEASE TAKE FURTHER NOTICE that the Prepetition First Lien Agent intends that
neither this Notice of Appearance nor any other filing or claim shall waive (1) the right to have final
orders in non-core matters entered only after de novo review by the United States District Court for
the District of Delaware (the “District Court”), (2) the right to trial by jury in any proceeding so triable
in these cases or any other matter, controversy, or proceeding related to these cases, (3) the right to
have the District Court withdraw the reference in any matter subject to mandatory or discretionary
withdrawal, or (4) any other rights, claims, actions, defenses, remedies, set-offs, or recoupments to
which the Prepetition First Lien Agent is or may be entitled to assert under agreements, at law, or in
equity, with all of the foregoing being expressly preserved. Additionally, nothing herein shall be
deemed or construed as a consent to jurisdiction of matters congressionally delegated to regulatory
authorities.
[Signature block on next page]
{02024292;v1 } 2
Case 24-11217-BLS Doc 42 Filed 06/10/24 Page 3 of 4
Dated: June 10, 2024 ASHBY & GEDDES, P.A.
/s/ Michael DeBaecke
Michael DeBaecke, Esq. (Bar No. 3186)
500 Delaware Avenue, 8th Floor
Wilmington, DE 19801
Tel: (302) 654-1888
Email: MDeBaecke@ashbygeddes.com
-and-
HAYNES AND BOONE, LLP
Eli Columbus, Esq.
J. Frasher Murphy, Esq.
Matt Ferris, Esq.
2801 N. Harwood Street, Suite 2300
Tel: (214) 651-5000
Dallas, Texas 75201
Email: Eli.Columbus@haynesboone.com
Email: Frasher.Murphy@haynesboone.com
Email: Matt.Ferris@haynesboone.com
Counsel to Bank of America, N.A.in its capacity as the
Administrative Agent and Collateral Agent under that
certain First Lien Credit Agreement, dated as of April
16, 2018 (as amended by certain amendments thereto)
{02024292;v1 } 3
Case 24-11217-BLS Doc 42 Filed 06/10/24 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned certifies that on June 10, 2024, a copy of the attached Notice of Appearance
and Request for Service of Papers was served upon all parties of record via CM/ECF.
Dated: June 10, 2024 /s/ Michael DeBaecke
Michael DeBaecke, Esq. (Bar No. 3186)
{02024292;v1 } 4
File and source
- File
- gov.uscourts.deb.193283.42.0.pdf
- Size
- 338,131 bytes
- SHA-256
- af684478782517a2ad55da7edac44b0731784cc9fc0d3a95ba920e82c53bb9d5
- Our copy
- gov.uscourts.deb.193283.42.0.pdf
- Original
- PACER (login required)