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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)
)
)
Re: Docket No. 116
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
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 25, 2024, the 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 [Docket No. 116] (the “Motion”) was filed with the United States
Bankruptcy Court for the District of Delaware (the “Court”). Attached thereto as Exhibit A was a
proposed form of order granting the relief requested in the Motion (the “Proposed 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 151 Filed 07/06/24 Page 1 of 3
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2.
Pursuant to the Notice of 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, objections or responses to the Motion and entry of the
Proposed 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 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”), whose deadline was extended until
July 5, 2024, and the Official Committee of Unsecured Creditors (the “Committee”), whose
deadline was extended to July 7, 2024.
3.
Prior to the Chubb’s extended Objection Deadline, the Debtors received an
informal response to the Motion and Proposed Order from Chubb.
4.
Counsel to the Committee has informed the undersigned proposed counsel it does
not object to the Motion and entry of the Proposed Order.
5.
The Debtors have not received any objections or other informal comments to the
Motion and Proposed Order.
6.
The Debtors revised the Proposed Order to address the informal comments received
from Chubb and the parties agreed to a revised Proposed Order, a copy of which is attached hereto
as Exhibit 1 (the “Revised Proposed Order”).
7.
A blackline comparing the Revised Proposed Order against the Proposed Order is
attached hereto as Exhibit 2.
Case 24-11217-BLS Doc 151 Filed 07/06/24 Page 2 of 3
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8.
The Debtors respectfully request that the Court enter the Revised Proposed Order
at its earliest convenience.
Dated: July 6, 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 151 Filed 07/06/24 Page 3 of 3