Vyaire - COC - Contract Rejection Procedures Motion Order FINAL
- Date
- 2024-06-25
Summary
A Certification of Counsel filed July 9, 2024 as Doc 234 by proposed counsel to the Debtors 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 25, 2024 [Docket No. 117] for an order approving procedures to reject executory contracts and unexpired leases. The certification states that objections were due July 2, 2024, with the Official Committee of Unsecured Creditors' deadline extended to July 7, 2024, and that informal comments came from counsel to the 1L Ad Hoc Group and counsel to the Committee. It attaches a Revised Proposed Order as Exhibit 1 and a blackline as Exhibit 2, and asks the Court to enter the revised order. It is signed by Cole Schotz P.C.; Kirkland & Ellis LLP is also listed as proposed co-counsel.
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Case 24-11217-BLS Doc 234 Filed 07/09/24 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 No. 117
CERTIFICATION OF COUNSEL
REGARDING 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
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 for Entry of an Order (I) Authorizing and
Approving Procedures to Reject Executory Contracts and Unexpired Leases and (II) Granting
Related Relief [Docket No. 117] (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”).
2. Pursuant to the Notice of 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, 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.
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 234 Filed 07/09/24 Page 2 of 3
(prevailing Eastern Time) (the “Objection Deadline”), except for the Official Committee of
Unsecured Creditors (the “Committee”), whose deadline was extended to July 7, 2024.
3. Prior to the Objection Deadline, the Debtors received informal comments to the
Motion and Proposed Order from counsel to the 1L Ad Hoc Group.
4. Prior to the Committee’s extended Objection Deadline, the Debtors received
informal comments to the Motion and Proposed Order from counsel to the Committee.
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 counsel to the 1L Ad Hoc Group and counsel to the Committee 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.
8. The Debtors respectfully request that the Court enter the Revised Proposed Order
at its earliest convenience.
[Remainder of Page Intentionally Left Blank]
2
Case 24-11217-BLS Doc 234 Filed 07/09/24 Page 3 of 3
Dated: July 9, 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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