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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 BANKRUPTCY FILING,
FIRST DAY MOTIONS AND RELATED PLEADINGS
PLEASE TAKE NOTICE that, on June 9, 2024, Vyaire Medical, Inc. and certain of its
subsidiaries (collectively, the “Debtors”) in the above-captioned chapter 11 cases, each filed a
voluntary petition (collectively, the “Petitions”) for relief under title 11 of the United States Code,
11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”) with the United States Bankruptcy Court for the
District of Delaware (the “Court”).
PLEASE TAKE FURTHER NOTICE that in addition to filing the Petitions, on June 10,
2024, the Debtors filed the following first day motions, declarations, and application in the above-
captioned chapter 11 cases (collectively, the “First Day Motions” and together with the Petitions,
the “Pleadings”):
1.
Motion of Debtors for Entry of an Order (I) Directing Joint Administration of
Chapter 11 Cases and (II) Granting Related Relief [Docket No. 2]
2.
Application of Debtors for Entry of an Order (I) Authorizing and Approving the
Appointment of Omni Agent Solutions, Inc. as Claims and Noticing Agent and
(II) Granting Related Relief [(REDACTED) Docket No. 4]
3.
Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors
to
(A)
Continue
to
Operate
the
Cash
Management
System,
(B) Honor Certain Prepetition Obligations Related Thereto, (C) Maintain Existing
Business Forms, (D) Continue to Perform Intercompany Transactions, and
(II) Granting Related Relief [Docket No. 5]
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.
Case 24-11217-BLS Doc 37 Filed 06/10/24 Page 1 of 4
2
4.
Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors
to (A) Pay Prepetition Wages, Salaries, Other Compensation, and Reimbursable
Expenses and (B) Continue Employee Benefits Programs, and (II) Granting Related
Relief [Docket No. 6]
5.
Motion
of
Debtors
Seeking
Entry
of
Interim
and
Final
Orders
(I) Authorizing Debtors to Pay Prepetition Claims of Certain Critical Vendors,
Foreign
Vendors,
503(b)(9)
Claimants,
and
Lien
Claimants
(II) Confirming Administrative Expense Priority of Outstanding Orders, and (III)
Granting Related Relief [Docket No. 7]
6.
Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors
to Maintain and Administer their Existing Customer Programs and Honor Certain
Prepetition Obligations Related Thereto and (II) Granting Related Relief
[Docket No. 8]
7.
Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors
to (A) Maintain Insurance and Surety Coverage Entered into Prepetition and Pay
Related Prepetition Obligations, and (B) Renew, Supplement, Modify, or Purchase
Insurance and Surety Coverage, and (II) Granting Related Relief [Docket No. 9]
8.
Motion of Debtors for Entry of Interim and Final Orders (I) Approving the Debtors’
Proposed Adequate Assurance of Payment for Future Utility Services,
(II) Approving the Debtors’ Proposed Procedures for Resolving Additional
Assurance Requests, (III) Prohibiting Utility Providers from Altering, Refusing or
Discontinuing Services, and (IV) Granting Related Relief [Docket No. 10]
9.
Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors
to Redact Certain Personally
Identifiable Information of
Individuals,
(II) Approving the Form and Manner of Service of the Notice of Commencement;
and (III) Granting Related Relief [Docket No. 11]
10.
Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors
to (A) Obtain Postpetition Financing and (B) Utilize Cash Collateral, (II) Granting
Liens and Superpriority Administrative Expense Claims, (III) Granting Adequate
Protection to Prepetition Secured Parties, (IV) Modifying the Automatic Stay,
(V) Scheduling a Final Hearing, and (VI) Granting Related Relief [Docket No. 12]
11.
Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the
Payment of Certain Taxes and Fees, and (II) Granting Related Relief
[Docket No. 13]
12.
Motion of Debtors for Entry of Interim and Final Orders (I) Approving Notification
and Hearing Procedures for Certain Transfers of and Declarations of Worthlessness
with Respect to Common Stock and (II) Granting Related Relief [Docket No. 14]
13.
Declaration of John Bibb, Group Chief Executive Officer of Vyaire Medical, Inc.,
in Support of Chapter 11 Filing and First Day Motions [Docket No. 15]
Case 24-11217-BLS Doc 37 Filed 06/10/24 Page 2 of 4
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14.
Notice of Filing of DIP Credit Agreement [Docket No. 33]
15.
Declaration of Charles N. Braley in Support of the Motion of Debtors for Entry of
Interim and Final Orders (I) Authorizing the Debtors to (A) Obtain Postpetition
Financing and (B) Utilize Cash Collateral, (II) Granting Liens and Superpriority
Administrative Expense Claims, (III) Granting Adequate Protection to Prepetition
Secured Parties, (IV) Modifying the Automatic Stay, (V) Scheduling a Final
Hearing, and (VI) Granting Related Relief [Docket No. 34]
PLEASE TAKE FURTHER NOTICE that copies of the above-referenced Pleadings
may be obtained free of charge: (i) by request to the Debtors’ proposed counsel via email to
lmorton@coleschotz.com and (ii) at the website maintained by the Debtors’ proposed Claims and
Noticing Agent, Omni Agent Solutions, Inc.: https://omniagentsolutions.com/Vyaire. In addition,
copies of the documents can also be downloaded for a fee from the Court’s website,
www.deb.uscourts.gov. To access documents on the Court’s website, you will need a PACER
password and login which can be obtained at www.pacer.psc.uscourts.gov.
PLEASE TAKE FURTHER NOTICE that a hybrid hearing on the First Day Motions is
scheduled for June 11, 2024, at 10:30 a.m. (prevailing Eastern Time) before The Honorable
Brendan L. Shannon, United States Bankruptcy Court for the District of Delaware, 6th Floor,
Courtroom No. 1, 824 North Market Street, Wilmington, Delaware 19801.
[Remainder of Page Intentionally Left Blank]
Case 24-11217-BLS Doc 37 Filed 06/10/24 Page 3 of 4
4
Dated: June 10, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
KIRKLAND & ELLIS LLP
Patrick J. Reilley, Esq. (DE Bar No. 4451)
KIRKLAND & ELLIS INTERNATIONAL LLP
500 Delaware Avenue, Suite 1410
Joshua A. Sussberg, P.C. (pro hac vice admission pending)
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. (pro hac vice admission pending)
Warren A. Usatine, Esq (pro hac vice admission pending)
Spencer A. Winters, P.C. (pro hac vice admission pending)
Court Plaza North, 25 Main Street
Yusuf U. Salloum (pro hac vice admission pending)
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
Case 24-11217-BLS Doc 37 Filed 06/10/24 Page 4 of 4