Vyaire - COC - Cash Management Motion Final Order FINAL
- Date
- 2024-06-10
Summary
A certification of counsel filed July 8, 2024 as Doc 153 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. It concerns the debtors' motion, filed June 10, 2024 at Docket No. 5, to continue operating their cash management system, honor related prepetition obligations, maintain business forms and continue intercompany transactions. It recounts the interim order entered after a June 11, 2024 hearing, the July 9, 2024 final hearing date and the objection deadlines. It states that informal comments from the U.S. Trustee, counsel to the 1L Ad Hoc Group and counsel to the creditors' committee were addressed in a Revised Final Order attached as Exhibit 1, with a blackline as Exhibit 2, and asks the court to enter it.
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Case 24-11217-BLS Doc 153 Filed 07/08/24 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)
)
) Re: Docket Nos. 5 & 86
CERTIFICATION
OF COUNSEL REGARDING
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
The undersigned proposed counsel to Vyaire Medical, Inc. and certain of its affiliates, the
debtors and debtors in possession in the above-captioned cases (collectively, the “Debtors”),
hereby certifies as follows:
1. On June 10, 2024, the 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] (the “Motion”) was filed with the United States Bankruptcy Court for the District
of Delaware (the “Court”). Attached thereto as Exhibit B was a proposed form of order granting
the relief requested in the Motion on a final basis (the “Final Order”).
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 153 Filed 07/08/24 Page 2 of 3
2. On June 11, 2024, the Court held a hearing to consider the relief requested in the
Motion on an interim basis and subsequently entered the Interim Order (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. 86]
(the “Interim Order”).
3. Pursuant to the Interim Order, a final hearing on the Motion was set to be held on
July 9, 2024, at 10:00 a.m. (prevailing Eastern Time) and any objections or responses to entry of
the Final Order were to be filed and served on the undersigned proposed counsel by July 2, 2024,
at 4:00 p.m. (prevailing Eastern Time) (the “Objection Deadline”), except for the Official
Committee of Unsecured Creditors (the “Committee”), whose deadline was extended to
July 7, 2024.
4. Prior to the Objection Deadline, the Debtors received informal comments to the
Motion and proposed Final Order from the Office of the United States Trustee for the District of
Delaware (the “U.S. Trustee”) and counsel to the 1L Ad Hoc Group.
5. Prior to the Committee’s extended Objection Deadline, the Debtors received
informal comments to the Motion and proposed Final Order from counsel to the Committee.
6. The Debtors have not received any objections or other informal comments to the
Motion and Final Order.
7. The Debtors revised the proposed Final Order to address the informal comments
received from the U.S. Trustee, counsel to the 1L Ad Hoc Group, and counsel to the Committee,
and the parties agreed to a revised Final Order, a copy of which is attached hereto as Exhibit 1
(the “Revised Final Order”).
2
Case 24-11217-BLS Doc 153 Filed 07/08/24 Page 3 of 3
8. A blackline comparing the Revised Final Order against the Final Order is attached
hereto as Exhibit 2.
9. The Debtors respectfully request that the Court enter the Revised Final Order at its
earliest convenience.
Dated: July 8, 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
3
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