Certification of Counsel Regarding Confidentiality Agreement and Stipulated Protective Order (Doc 304)

Summary

The Debtors' proposed counsel file a certification of counsel (Doc 304, filed 07/24/24, Case No. 24-11217 (BLS)) regarding a Confidentiality Agreement and Stipulated Protective Order between the Debtors and the Official Committee of Unsecured Creditors. It states that the agreement will, subject to Court approval, govern the exchange and use of confidential information between the Debtors, the Committee, certain of the Debtors' creditors and other signatories. It states that the Debtors provided a copy to the U.S. Trustee, who has not provided any comments, and that a proposed form of order is attached as Exhibit A with the agreement as Annex 1. The Debtors ask the Court to enter the Proposed Order at its earliest convenience.

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Date: 2024-07-24

Cite this document

“Certification of Counsel Regarding Confidentiality Agreement and Stipulated Protective Order (Doc 304).” Original at ecf.deb.uscourts.gov, dated 2024-07-24. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-06-09-microsoft-word-vyaire-coc-re-protective-order-48167293-1-docx/, SHA-256 273ce0d578d5886e5d715b9a817f7d093eaa808cbf768adedc4803b211e2aa7c.

Full text

Case 24-11217-BLS Doc 304 Filed 07/24/24 Page 1 of 3

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. ) (Jointly Administered)
)

CERTIFICATION OF COUNSEL REGARDING
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER

The undersigned proposed counsel to the above captioned debtors and debtors in

possession hereby certifies the following:

1. On June 9, 2024 (the “Petition Date”), Vyaire Medical, Inc. and certain of its

subsidiaries (collectively, the “Debtors”) filed voluntary petitions for relief in the United States

Bankruptcy Court for the District of Delaware (the “Court”) under title 11 of the United States

Code, §§ 101–1532.

2. On June 26, 2024, the Office of the United States Trustee for the District of

Delaware (the “U.S. Trustee”) filed the Notice of Appointment of Committee of Unsecured

Creditors [Docket No. 121] appointing the Official Committee of Unsecured Creditors (the

“Committee”) in these chapter 11 cases.

3. The Debtors and the Committee have entered into a Confidentiality Agreement and

Stipulated Protective Order (the “Confidentiality Agreement and Protective Order”) that will,

subject to Court approval, govern the exchange and use of confidential information between the

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.
Case 24-11217-BLS Doc 304 Filed 07/24/24 Page 2 of 3

Debtors, the Committee, certain of the Debtors’ creditors and other constituents that are signatories

to the Confidentiality Agreement and Protective Order, and any other persons or entities who

become bound by the Confidentiality Agreement and Protective Order.

4. In accordance with Local Rule 9018-1(h), the Debtors provided a copy of the

Confidentiality Agreement and Protective Order to the U.S. Trustee. The U.S. Trustee has not

provided any comments to the Confidentiality Agreement and Protective Order.

5. Attached hereto as Exhibit A is a proposed form of order (the “Proposed Order”)

approving the Confidentiality Agreement and Protective Order. The Confidentiality Agreement

and Protective Order is attached as Annex 1 to the Proposed Order.

6. The Debtors respectfully request that the Court enter the Proposed Order at its

earliest convenience.

[Remainder of Page Intentionally Left Blank]

2
Case 24-11217-BLS Doc 304 Filed 07/24/24 Page 3 of 3

Dated: July 24, 2024
Wilmington, Delaware

/s/ Patrick J. Reilley
COLE SCHOTZ P.C. KIRKLAND & ELLIS LLP
Patrick J. Reilley, Esq. (No. 4451) KIRKLAND & ELLIS INTERNATIONAL LLP
500 Delaware Avenue, Suite 1410 Joshua A. Sussberg, P.C. (admitted pro hac vice)
Wilmington, Delaware 19801 601 Lexington Ave
Telephone: (302) 652-3131 New York, New York 10022
Facsimile: (302) 652-3117 Telephone: (212) 446-4800
Email: preilley@coleschotz.com Facsimile: (212) 446-4900
Email: joshua.sussberg@kirkland.com
- and -
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice) Spencer A. Winters, P.C. (admitted pro hac vice)
Court Plaza North, 25 Main Street Yusuf U. Salloum (admitted pro hac vice)
Hackensack, New Jersey 07601 333 West Wolf Point Plaza
Telephone: (201) 489-3000 Chicago, Illinois 60654
Facsimile: (201) 489-1536 Telephone: (312) 862-2000
Email: msirota@coleschotz.com Facsimile: (312) 862-2200
wusatine@coleschotz.com Email: spencer.winters@kirkland.com
yusuf.salloum@kirkland.com

Proposed Co-Counsel to the Debtors Proposed Co-Counsel to the Debtors
and Debtors in Possession and Debtors in Possession

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