VYR - Notice of Amended Agenda - July 9 2024 Second Day Hearing

Summary

Notice of Amended Agenda of Matters Scheduled for Hearing on July 9, 2024, at 10:00 a.m. (prevailing Eastern Time) before the Honorable Brendan L. Shannon, in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), United States Bankruptcy Court for the District of Delaware, Doc 154, filed July 8, 2024. A footnote states that amendments appear in bold. The agenda lists the Debtors' motion to pay prepetition wages [Docket No. 6] among matters with certificates of no objection or certifications of counsel. For the cash management motion [Docket No. 5], it lists a Certification of Counsel filed July 8, 2024 [Docket No. 153] and states that a revised proposed form of order has been filed and no hearing is required unless the Court has any questions.

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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.
)
(Jointly Administered)
)
NOTICE OF AMENDED2 AGENDA OF MATTERS SCHEDULED
FOR HEARING ON JULY 9, 2024, AT 10:00 A.M. (PREVAILING
EASTERN TIME) BEFORE THE HONORABLE BRENDAN L. SHANNON
This proceeding will be conducted in person.
The hearing will be held on the 6th Floor in Courtroom No. 1.
Please refer to Judge Shannon’s Chambers Procedures
(https://www.deb.uscourts.gov/content/judge-brendan-l-shannon) and the Court’s website
(http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed
participation (video or audio), Judge Shannon’s expectations of remote participants, and the
advance registration requirements.  Registration is required by one-hour prior to the hearing
unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
MATTERS WITH CERTIFICATES OF NO OBJECTION OR CERTIFICATIONS OF
COUNSEL
1.
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]
Related Document(s):
(a)
Interim Order (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 (Entered June 11, 2024) [Docket No. 85]
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.
2
Amendments appear in bold.
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(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 102]
(c)
Certification of Counsel Regarding 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 July 3, 2024) [Docket No. 145]
Objection Deadline:  July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Official Committee of Unsecured Creditors
(the “Committee”)
Response(s) Received:
(a)
Informal comments from ACE American Insurance Company and/or
any of its U.S.-based affiliates (collectively, together with each of their
successors, and solely in their roles as insurers, “Chubb”), counsel to
the Committee, and counsel to the 1L Ad Hoc Group
Status:
A revised proposed form of final order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
2.
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]
Related Document(s):
(a)
Interim Order (I) Authorizing the Debtors to Maintain and Administer
their Existing Customer Programs and Honor Certain Prepetition
Obligations Related Thereto and (II) Granting Related Relief
(Entered June 11, 2024) [Docket No. 87]
(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 98]
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(c)
Certification of Counsel Regarding 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 July 3, 2024) [Docket No. 146]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the Committee and counsel to the
1L Ad Hoc Group
Status:
A revised proposed form of final order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
3.
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]
Related Document(s):
(a)
Interim Order (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
(Entered
June
11,
2024)
[Docket No. 92]
(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 99]
(c)
Certification of Counsel Regarding 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 July 3, 2024) [Docket No. 147]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Committee
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Response(s) Received:
(a)
Informal comments from Chubb and counsel to the 1L Ad Hoc Group
Status:
A revised proposed form of final order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
4.
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]
Related Document(s):
(a)
Interim Order (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
(Entered June 11, 2024) [Docket No. 93]
(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 95]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Committee
Response(s) Received:
(a)
Objection of Southern California Edison Company to 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 21, 2024) [Docket No. 112]
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(b)
Notice of Withdrawal of Objection of Southern California Edison
Company to 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 July 3, 2024) [Docket No. 135]
(c)
Informal comments from counsel to the Committee and counsel to the
1L Ad Hoc Group
Status:
The Debtors have resolved the formal objection filed by Southern California
Edison Company.  A revised proposed form of final order has been filed
under certification of counsel.  No hearing is required unless the Court has
any questions.
5.
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]
Related Document(s):
(a)
Interim Order (I) Authorizing the Payment of Certain Taxes
and Fees, and (II) Granting Related Relief (Entered June 11, 2024)
[Docket No. 88]
(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 10]
(c)
Certification of Counsel Regarding 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 July 3, 2024)
[Docket No. 140]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the Committee and counsel to the
1L Ad Hoc Group
Status:
A revised proposed form of final order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
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6.
Motion of Debtors for Entry of an Order Authorizing the Debtors to File Under Seal the
Names of Certain Confidential Parties in Interest Related to the Debtors’ Professional
Retention Applications (Filed June 10, 2024) [Docket No. 17]
Related Document(s):
(b)
Notice of Motion of Debtors for Entry of an Order Authorizing the
Debtors to File Under Seal the Names of Certain Confidential Parties in
Interest Related to the Debtors’ Professional Retention Applications
(Filed June 12, 2024) [Docket No. 106]
(c)
Certification of Counsel Regarding Motion of Debtors for Entry of an
Order Authorizing the Debtors to File Under Seal the Names of Certain
Confidential Parties in Interest Related to the Debtors’ Professional
Retention Applications (Filed July 3, 2024) [Docket No. 138]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the Committee
Status:
A revised proposed form of order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
7.
Motion of Debtors for Entry of an Order Authorizing the Debtors to File Under Seal the
Fee Letters Related to the DIP Facility (Filed June 10, 2024) [Docket No. 45]
Related Document(s):
(a)
Notice of Filing of Redacted DIP Fee Letters (Filed June 10, 2024)
[(REDACTED) Docket No. 46]
(b)
Notice of Motion of Debtors for Entry of an Order Authorizing the
Debtors to File Under Seal the Fee Letters Related to the DIP Facility
(Filed June 12, 2024) [Docket No. 107]
(c)
Certificate of No Objection Regarding Motion of Debtors for Entry of
an Order Authorizing the Debtors to File Under Seal the Fee Letters
Related to the DIP Facility (Filed July 3, 2024) [Docket No. 137]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Committee
Response(s) Received:  None
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Status:
A certificate of no objection has been filed.  No hearing is required unless
the Court has any questions.
8.
Motion of Debtors for Entry of an Order (I) Establishing Procedures for Interim
Compensation and Reimbursement of Expenses for Professionals and (II) Granting Related
Relief (Filed June 25, 2024) [Docket No. 118]
Related Document(s):
(a)
Certification of Counsel Regarding Motion of Debtors for Entry of an
Order (I) Establishing Procedures for Interim Compensation and
Reimbursement of Expenses for Professionals and (II) Granting Related
Relief (Filed July 3, 2024) [Docket No. 139]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the Committee
Status:
A revised proposed form of order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
MATTERS GOING FORWARD
9.
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]
Related Document(s):
(a)
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 (Entered June 11, 2024) [Docket No. 86]
(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 96]
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(c)
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 (Filed July 8, 2024)
[Docket No. 153]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 7, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the Committee, the Office
of the United States Trustee for the District of Delaware
(the “U.S. Trustee”), and counsel to the 1L Ad Hoc Group.
Status:
A revised proposed form of order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
10.
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]
Related Document(s):
(a)
Interim Order (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
(Entered June 11, 2024) [Docket No. 89]
(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 97]
(c)
Certification of Counsel Regarding 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 July 8, 2024) [Docket No. 152]
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Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 7, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the 1L Ad Hoc Group and
counsel to the Committee
Status:
A revised proposed form of order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
11.
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]
(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 (Filed June 10, 2024) [Docket No. 44]
(e)
Interim Order (I) Authorizing the Debtors to Obtain Postpetition
Financing, (II) Authorizing the Debtors to Use Cash Collateral,
(III) Granting Liens and Providing Superpriority Administrative
Expense Claims, (IV) Granting Adequate Protection, (V) Modifying
Automatic Stay, (VI) Scheduling a Final Hearing, and (VII) Granting
Related Relief (Entered June 12, 2024) [Docket No. 103]
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(f)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 12, 2024)
[Docket No. 104]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for Chubb, extended until July 5, 2024, at 4:00 p.m.
(prevailing Eastern Time) for the 1L RCF, and extended until
July 8, 2024, at 4:00 p.m. (prevailing Eastern Time), for the
Committee
Response(s) Received:
(g)
Informal comments from Chubb, counsel to the 1L Ad Hoc Group,
counsel to the 1L RCF, and counsel to the Committee
Status:
This matter is 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]
Related Document(s):
(a)
Interim Order (I) Approving Notification and Hearing Procedures
for Certain Transfers of and Declarations of Worthlessness with
Respect to Common Stock and (II) Granting Related Relief
(Entered June 11, 2024) [Docket No. 91]
(b)
Notice of Entry of Interim Order and Final Hearing with Respect to
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 11, 2024) [Docket No. 100]
(c)
Certification of Counsel Regarding 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 July 5, 2024) [Docket No. 150]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 7, 2024, for the Committee
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Response(s) Received:
(a)
Informal comments from the Committee, counsel to the 1L Ad Hoc
Group, and the U.S. Trustee
Status:
A revised proposed form of order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
13.
Motion of Debtors for Entry of an Order (I) Approving Bidding Procedures in Connection
with the Sale of Substantially All of The Debtors’ Assets, (II) Authorizing The Debtors to
Enter into a Stalking Horse Agreement and Provide Bid Protections, (III) Approving the
Form and Manner of Notice Thereof, (IV) Scheduling an Auction and Sale Hearing,
(V) Approving Procedures for the Assumption and Assignment of Contracts,
(VI) Approving the Sale of The Debtors’ Assets Free and Clear, and (VII) Granting Related
Relief (Filed June 10, 2024) [Docket No. 16]
Related Document(s):
(a)
Notice of Hearing of Motion of Debtors for Entry of an Order
(I) Approving Bidding Procedures in Connection with the Sale of
Substantially All of The Debtors' Assets, (II) Authorizing The Debtors
to Enter into a Stalking Horse Agreement and Provide Bid Protections,
(III) Approving the Form and Manner of Notice Thereof,
(IV) Scheduling an Auction and Sale Hearing, (V) Approving
Procedures for the Assumption and Assignment of Contracts,
(VI) Approving the Sale of The Debtors' Assets Free and Clear, and
(VII) Granting Related Relief (Filed June 12, 2024) [Docket No. 105]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended
until July 5, 2024, for the U.S. Trustee, and extended until
July 8, 2024, at 4:00 p.m. (prevailing Eastern Time), for the
Committee
Response(s) Received:
(a)
Informal comments from counsel to Cigna Health and Life Insurance
Company and counsel to the Committee
(b)
Limited Objection and Reservation of Rights of Kuehne + Nagel Inc. to
of Motion of Debtors for Entry of an Order (I) Approving Bidding
Procedures in Connection with the Sale of Substantially All of The
Debtors’ Assets, (II) Authorizing The Debtors to Enter into a Stalking
Horse Agreement and Provide Bid Protections, (III) Approving the
Form and Manner of Notice Thereof, (IV) Scheduling an Auction and
Sale Hearing, (V) Approving Procedures for the Assumption and
Assignment of Contracts, (VI) Approving the Sale of The Debtors’
Assets Free and Clear, and (VII) Granting Related Relief
(Filed July 2, 2024) [Docket No. 133]
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Status:
This matter is going forward.  Kuehne + Nagel Inc. has agreed their sale
objection will be heard at the sale hearing on July 31, 2024, at 2:00 p.m.
(prevailing Eastern Time).
14.
Motion of Debtors Seeking Entry of an Order (I) Setting Bar Dates for Filing Proofs of
Claim, Including Under Section 503(b)(9), (II) Establishing Amended Schedules Bar Date
and Rejection Damages Bar Date, (III) Approving the Form of and Manner for Filing
Proofs of Claim, Including Section 503(b)(9) Requests, and (IV) Approving Form and
Manner of Notice Thereof (Filed June 25, 2024) [Docket No. 116]
Related Document(s):
(a)
Certification of Counsel Regarding Motion of Debtors Seeking
Entry of an Order (I) Setting Bar Dates for Filing Proofs of Claim,
Including Under Section 503(b)(9), (II) Establishing Amended
Schedules Bar Date and Rejection Damages Bar Date,
(III) Approving the Form of and Manner for Filing Proofs of Claim,
Including Section 503(b)(9) Requests, and (IV) Approving Form
and Manner of Notice Thereof (Filed July 6, 2024) [Docket No. 151]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 5, 2024, for Chubb, and extended until July 7, 2024, for the
Committee
Response(s) Received:
(a)
Informal comments from Chubb
Status:
A revised proposed form of order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
15.
Motion of Debtors for Entry of an Order (I) Authorizing and Approving Procedures to
Reject Executory Contracts and Unexpired Leases and (II) Granting Related Relief
(Filed June 25, 2024) [Docket No. 117]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 7, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the Committee and counsel to the
1L Ad Hoc Group
Status:
This matter is going forward.
Case 24-11217-BLS    Doc 154    Filed 07/08/24    Page 12 of 13

13
16.
Motion of Debtors for Entry of an Order (I) Authorizing the Debtors to Retain and
Compensate Professionals Utilized in the Ordinary Course of Business and (II) Granting
Related Relief (Filed June 25, 2024) [Docket No. 119]
Related Document(s):
(b)
Certification of Counsel Regarding Motion of Debtors for Entry of
an Order (I) Authorizing the Debtors to Retain and Compensate
Professionals Utilized in the Ordinary Course of Business and
(II) Granting Related Relief (Filed July 5, 2024) [Docket No. 149]
Objection Deadline: July 2, 2024, at 4:00 p.m. (prevailing Eastern Time), extended until
July 7, 2024, for the Committee
Response(s) Received:
(a)
Informal comments from counsel to the Committee
Status:
A revised proposed form of order has been filed under certification of
counsel.  No hearing is required unless the Court has any questions.
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
Case 24-11217-BLS    Doc 154    Filed 07/08/24    Page 13 of 13

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