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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 AGENDA OF MATTERS SCHEDULED FOR
FIRST DAY HEARING ON JUNE 11, 2024, AT 10:30 A.M. (PREVAILING
EASTERN TIME) BEFORE THE HONORABLE BRENDAN L. SHANNON
This hybrid hearing will be conducted in person and utilizing Zoom. All remote participants
are required to register in advance using the eCourt Appearances tool available on the Court’s
website (http://www.deb.uscourts.gov/ecourt-appearances). Delaware counsel must appear
in person at the hearing and all other parties are permitted to appear in person or via Zoom.
RELATED MATTERS
A.
Voluntary Petitions
1.
Vyaire Medical Inc., Case No. 24-11217 (BLS) (Filed June 9, 2024)
[Docket No. 1]
2.
Bird Products Corporation, Case No. 24-11218 (BLS) (Filed June 9, 2024)
[Docket No. 1]
3.
Breathe US Holdco, Inc., Case No. 24-11219 (BLS) (Filed June 9, 2024)
[Docket No. 1]
4.
Breathe US Holdings LP, Case No. 24-11220 (BLS) (Filed June 9, 2024)
[Docket No. 1]
5.
EME Medical, Inc., Case No. 24-11221 (BLS) (Filed June 9, 2024)
[Docket No. 1]
6.
Revolutionary Medical Devices, Inc., Case No. 24-11222 (BLS)
(Filed June 9, 2024) [Docket No. 1]
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 36 Filed 06/10/24 Page 1 of 6
2
7.
SensorMedics Corporation, Case No. 24-11223 (BLS) (Filed June 9, 2024)
[Docket No. 1]
8.
VIASYS Holdings Inc., Case No. 24-11224 (BLS) (Filed June 9, 2024)
[Docket No. 1]
9.
VM Finance Sub, LLC, Case No. 24-11225 (BLS) (Filed June 9, 2024)
[Docket No. 1]
10.
Vyaire Company, Case No. 24-11226 (BLS) (Filed June 9, 2024)
[Docket No. 1]
11.
Vyaire Finance B.V., Case No. 24-11227 (BLS) (Filed June 9, 2024)
[Docket No. 1]
12.
Vyaire
Financial
Holdings
LLC,
Case
No.
24-11228
(BLS)
(Filed June 9, 2024) [Docket No. 1]
13.
Vyaire Holding Company, Case No. 24-11229 (BLS) (Filed June 9, 2024)
[Docket No. 1]
14.
Vyaire Medical 202, Inc., Case No. 24-11230 (BLS) (Filed June 9, 2024)
[Docket No. 1]
15.
Vyaire Medical 203, Inc., Case No. 24-11231 (BLS) (Filed June 9, 2024)
[Docket No. 1]
16.
Vyaire Medical 205, Inc., Case No. 24-11232 (BLS) (Filed June 9, 2024)
[Docket No. 1]
17.
Vyaire Medical 206, Inc., Case No. 24-11233 (BLS) (Filed June 9, 2024)
[Docket No. 1]
18.
Vyaire Medical 211, Inc., Case No. 24-11234 (BLS) (Filed June 9, 2024)
[Docket No. 1]
19.
Vyaire Medical BR LLC, Case No. 24-11235 (BLS) (Filed June 9, 2024)
[Docket No. 1]
20.
Vyaire Medical Capital LLC, Case No. 24-11236 (BLS) (Filed June 9,
2024) [Docket No. 1]
21.
Vyaire Medical Consumables LLC, Case No. 24-11237 (BLS)
(Filed June 9, 2024) [Docket No. 1]
22.
Vyaire Medical International LLC, Case No. 24-11238 (BLS)
(Filed June 9, 2024) [Docket No. 1]
Case 24-11217-BLS Doc 36 Filed 06/10/24 Page 2 of 6
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23.
Vyaire Medical LLC, Case No. 24-11239 (BLS) (Filed June 10, 2024)
[Docket No. 1]
24.
Vyaire Medical Payroll LLC, Case No. 24-11240 (BLS) (Filed June 10,
2024) [Docket No. 1]
25.
Vyaire Receivables LLC, Case No. 24-11241 (BLS) (Filed June 10, 2024)
[Docket No. 1]
26.
Vyaire Respiratory Diagnostics LLC, Case No. 24-11242 (BLS)
(Filed June 10, 2024) [Docket No. 1]
27.
Vyaire TSR MidCo, LLC, Case No. 24-11243 (BLS) (Filed June 10, 2024)
[Docket No. 1]
28.
Vyaire TSR Sub, LLC, Case No. 24-11244 (BLS) (Filed June 10, 2024)
[Docket No. 1]
B.
Declaration of John Bibb, Group Chief Executive Officer of Vyaire Medical, Inc.,
in Support of Debtors’ Chapter 11 Petitions and First Day Motions
(Filed June 10, 2024) [Docket No. 15]
MATTERS GOING FORWARD
A.
First Day Motions
1.
Motion of Debtors for Entry of an Order (I) Directing Joint Administration
of Chapter 11 Cases and (II) Granting Related Relief (Filed June 10, 2024)
[Docket No. 2]
Status: This matter will be going forward.
2.
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 (Filed June 10, 2024) [Docket No. 12]
Related Document(s):
(a)
Notice
of
Filing
of
DIP
Credit
Agreement
(Filed June 10, 2024) [Docket No. 33]
Case 24-11217-BLS Doc 36 Filed 06/10/24 Page 3 of 6
4
(b)
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
(Filed June 10, 2024) [Docket No. 34]
(c)
Notice of Filing of Fee Letters (Filed June 10, 2024)
[(SEALED) Docket No. 35]
(d)
Declaration of Michael Schlappig 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 [TBD]
Status: This matter will be going forward.
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 (Filed June 10, 2024)
[Docket No. 5]
Status: This matter will be going forward.
4.
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 (Filed June 10, 2024) [Docket No. 7]
Status: This matter will be going forward.
5.
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 (Filed June 10, 2024) [Docket No. 6]
Status: This matter will be going forward.
Case 24-11217-BLS Doc 36 Filed 06/10/24 Page 4 of 6
5
6.
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 (Filed June 10, 2024)
[(SEALED) Docket No. 3]
Related Document(s):
(a)
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 (Filed June 10, 2024) [(REDACTED) Docket No. 4]
Status: This matter will be going forward.
7.
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 (Filed June 10, 2024) [Docket No. 8]
Status: This matter will be going forward.
8.
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 (Filed June 10, 2024) [Docket No. 9]
Status: This matter will be going forward.
9.
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 (Filed June 10, 2024) [Docket No. 10]
Status: This matter will be going forward.
10.
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 (Filed June 10, 2024)
[Docket No. 11]
Status: This matter will be going forward.
Case 24-11217-BLS Doc 36 Filed 06/10/24 Page 5 of 6
6
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
(Filed June 10, 2024) [Docket No. 13]
Status: This matter will be going forward.
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 (Filed June 10, 2024) [Docket No. 14]
Status: This matter will be going forward.
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 36 Filed 06/10/24 Page 6 of 6