Notice (2024-07-09)

Date: 2024-07-09

Summary

Doc 227-1, filed July 9, 2024 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. Exhibit 1 is a blank Official Form 410 Proof of Claim with a caption listing each debtor entity and its case number. Exhibit 2 is a form of Notice of Deadlines for the Filing of Proofs of Claim, with blanks for the date and docket number of the Bar Date Order. The notice states a General Bar Date of August 2, 2024 at 11:59 p.m. and a Governmental Bar Date of December 9, 2024, and describes an amended schedules bar date. It closes with requirements for section 503(b)(9) requests and contact information for the claims agent, Omni Agent Solutions, Inc.

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Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 1 of 19

EXHIBIT 1

Proof of Claim Form
Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 2 of 19
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Fill in the information to identify the case (Select only one Debtor per form):
Vyaire Medical, Inc. Case No. 24-11217 Vyaire Holding Company Case No. 24-11229 Vyaire Receivables LLC Case No. 24-11241
Bird Products Corporation Case No. 24-11218 Vyaire Medical 202, Inc. Case No. 24-11230 Vyaire Respiratory Diagnostics LLC Case No. 24-11242
Breathe US Holdco, Inc. Case No. 24-11219 Vyaire Medical 203, Inc. Case No. 24-11231 Vyaire TSR MidCo, LLC Case No. 24-11243

Breathe US Holdings LP Case No. 24-11220 Vyaire Medical 205, Inc. Case No. 24-11232 Vyaire TSR Sub, LLC Case No. 24-11244

EME Medical, Inc. Case No. 24-11221 Vyaire Medical 206, Inc. Case No. 24-11233
Revolutionary Medical Devices, Inc. Case No. 24-11222 Vyaire Medical 211, Inc. Case No. 24-11234
SensorMedics Corporation Case No. 24-11223 Vyaire Medical BR LLC Case No. 24-11235
VIASYS Holdings Inc. Case No. 24-11224 Vyaire Medical Capital LLC Case No. 24-11236
VM Finance Sub, LLC Case No. 24-11225 Vyaire Medical Consumables LLC Case No. 24-11237
Vyaire Company Case No. 24-11226 Vyaire Medical International LLC Case No. 24-11238
Vyaire Finance B.V. Case No. 24-11227 Vyaire Medical LLC Case No. 24-11239
Vyaire Financial Holdings LLC Case No. 24-11228 Vyaire Medical Payroll LLC Case No. 24-11240

Official Form 410
Proof of Claim 04/22
Read the instructions before filling out this form. This form is for making a claim for payment in a bankruptcy case. Do not use this form to
make a request for payment of an administrative expense. Make such a request according to 11 U.S.C. § 503.

Filers must leave out or redact information that is entitled to privacy on this form or on any attached documents. Attach redacted copies of any
documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, judgments,
mortgages, and security agreements. Do not send original documents; they may be destroyed after scanning. If the documents are not available,
explain in an attachment.
A person who files a fraudulent claim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 157, and 3571.
Fill in all the information about the claim as of the date the case was filed. That date is on the notice of bankruptcy (Form 309) that you received.
Part 1: Identify the Claim
1. Who is the current creditor?
Name of the current creditor (the person or entity to be paid for this claim)

Other names the creditor used with the debtor

2. Has this claim been acquired No
from someone else? Yes From whom?

3. Where should notices and Where should notices to the creditor be sent? Where should payments to the creditor be sent? (if
payments to the creditor be different)
sent?

Federal Rule of Name Name
Bankruptcy Procedure
(FRBP) 2002(g)
Number Street Number Street

City State ZIP Code City State ZIP Code

Contact Phone Contact Phone

Contact email Contact email

Uniform claim identifier for electronic payments in chapter 13 (if you use one)

4. Does this claim amend one No
already filed? Yes Claim Number on court claims registry (if known) Filed On
MM / DD / YYYY

5. Do you know if anyone else
No
has filed a proof of claim for
this claim? Yes Who made the earlier filing?

Official Form 410 Proof of Claim Page 1
Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 3 of 19
Part 2: Give Information About the Claim as of the Date the Case Was Filed

6. Do you have any number you No
use to identify the debtor?
Yes Last 4 digits of the debtor's account or any number you use to identify the debtor:

7. How much is the claim? $ Does this amount include interest or other charges?
No
Yes Attach statement itemizing interest, fees, expenses, or other
charges required by Bankruptcy Rule 3001(c)(2)(A).

8. What is the basis of the Examples: Goods sold, money loaned, lease, services performed, personal injury or wrongful death, or credit card.
claim?
Attach redacted copies of any documents supporting the claim required by Bankruptcy Rule 3001(c).
Limit disclosing information that is entitled to privacy, such as health care information

9. Is all or part of the claim No
secured? Yes The claim is secured by a lien on property

Nature of property:
Real Estate If the claim is secured by the debtor's principal residence, file a Mortgage Proof of Claim
Attachment (Official Form 410-A) with this Proof of Claim
Motor Vehicle

Other Describe:

Basis for perfection:
Attach redacted copies of documents, if any, that show evidence of perfection of a security interest (for example,
a mortgage, lien, certificate of title, financing statement, or other document that shows the lien has been filed or
recorded.

Value of Property: $
Amount of the claim that is secured: $

Amount of the claim that is unsecured: $ (The sum of the secured and
unsecured amounts should match the
amount in line 7).

Amount necessary to cure any default as of the date of the petition: $

Annual Interest Rate: (when case was filed) ____________%
Fixed
Variable

10. Is this claim based on a No
lease? Yes Amount necessary to cure any default as of the date of the petition. $

11. Is this claim subject to a No
right of setoff? Yes Identify the property:

12. Is this claim for the value No
of goods received by the Yes Amount of 503(b)(9) Claim: $
debtor within 20 days
before the
commencement date of
this case (11 U.S.C.
§503(b)(9))?

Official Form 410 Proof of Claim Page 2
Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 4 of 19
13. Is all or part of the claim No
entitled to priority under Amount entitled to priority
Yes Check all that apply
11 U.S.C. § 507(a)?
Domestic support obligations (including alimony and child support) under
11 U.S.C. § 507(a)(1)(A) or (a)(1)(B). $
A claim may be partly
priority and partly
Up to $3,350* of deposits toward purchase, lease, or rental of property or services for
nonpriority. For example,
personal, family, or household use. 11 U.S.C. § 507(a)(7). $
in some categories, the
law limits the amount
Wages, salaries, or commissions (up to $15,150*) earned within 180 days before
entitled to priority.
the bankruptcy petition is filed or the debtor's business ends, whichever is earlier. $
11 U.S.C. § 507(a)(4).

Taxes or penalties owed to governmental units. 11 U.S.C. § 507(a)(8). $

Contributions to an employee benefit plan 11 U.S.C. § 507(a)(5). $

Other. Specify subsection of 11 U.S.C. § 507(a)(___) that applies. $

* Amounts are subject to adjustment on 4/01/25 and every 3 years after that for cases begun on or after the date of adjustment.

Part 3: Sign Below
The person completing Check the appropriate box:
this proof of claim must
I am the creditor.
sign and date it.
FRBP 9011(b). I am the creditor's attorney or authorized agent.
I am the trustee, or the debtor, or their authorized agent. Bankruptcy Rule 3004.
If you file this claim
electronically, FRBP I am the guarantor, surety, endorser, or other codebtor. Bankruptcy Rule 3005.
5005(a)(2) authorizes
courts to establish local I understand that an authorized signature on this Proof of Claim serves as an acknowledgment that when calculating the
rules specifying what a
signature is. amount of the claim, the creditor gave the debtor credit for any payments received toward the debt.

I have examined the information in this Proof of Claim and have a reasonable belief that the information is true
A person who files a and correct.
fraudulent claim could be
fined up to $500,000, I declare under penalty of perjury that the foregoing is true and correct.
imprisoned for up to 5
years, or both.
18 U.S.C. §§ 152, 157, Executed on date
and 3571. MM / DD / YYYY

Signature

Print the name of the person who is completing and signing this claim:

Name
First Name Middle Name Last Name

Title

Company
Identify the corporate servicer as the company if the authorized agent is a servicer.

Address
Number Street

City State ZIP Code

Contact Phone Email

Official Form 410 Proof of Claim Page 3
Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 5 of 19

EXHIBIT 2

Bar Date Notice
Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 6 of 19

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 DEADLINES FOR THE FILING OF PROOFS OF CLAIM,
INCLUDING PURSUANT TO SECTION 503(B)(9) OF THE BANKRUPTCY CODE

TO: ALL PERSONS AND ENTITIES WHO MAY HAVE CLAIMS AGAINST ANY
OF THE FOLLOWING DEBTOR ENTITIES:

DEBTOR CASE NO.
Vyaire Medical, Inc. 24-11217
Bird Products Corporation 24-11218
Breathe US Holdco, Inc. 24-11219
Breathe US Holdings LP 24-11220
EME Medical, Inc. 24-11221
Revolutionary Medical Devices, Inc. 24-11222
SensorMedics Corporation 24-11223
VIASYS Holdings Inc. 24-11224
VM Finance Sub LLC 24-11225
Vyaire Company 24-11226
Vyaire Finance B.V. 24-11227
Vyaire Financial Holdings LLC 24-11228
Vyaire Holding Company 24-11229
Vyaire Medical 202, Inc. 24-11230
Vyaire Medical 203, Inc. 24-11231
Vyaire Medical 205, Inc. 24-11232
Vyaire Medical 206, Inc. 24-11233
Vyaire Medical 211, Inc. 24-11234
Vyaire Medical BR LLC 24-11235
Vyaire Medical Capital LLC 24-11236
Vyaire Medical Consumables LLC 24-11237
Vyaire Medical International LLC 24-11238

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 227-1 Filed 07/09/24 Page 7 of 19

Vyaire Medical LLC 24-11239
Vyaire Medical Payroll LLC 24-11240
Vyaire Receivables LLC 24-11241
Vyaire Respiratory Diagnostics LLC 24-11242
Vyaire TSR MidCo LLC 24-11243
Vyaire TSR Sub LLC 24-11244

PLEASE TAKE NOTICE THAT:

On June 9, 2024 (the “Petition Date”), Vyaire Medical, Inc. and certain of its direct and
indirect subsidiaries, as debtors and debtors in possession (collectively, the “Debtors”), filed
voluntary petitions for relief under chapter 11 of the United States Code (the “Bankruptcy Code”)
in the United States Bankruptcy Court for the District of Delaware (the “Court”).

On [______], 2024 the Court entered an order [Docket No. [__]] (the “Bar Date Order”)
establishing certain dates by which parties holding prepetition claims against the Debtors must file
proofs of claim, including requests for payment pursuant to section 503(b)(9) of the Bankruptcy
Code.

For your convenience, enclosed with this notice (this “Bar Date Notice”) is a proof of claim
form, which identifies on its face the amount, nature, and classification of your claim(s), if any,
listed in the Debtors’ schedules of assets and liabilities filed in these cases (the “Schedules”). If
the Debtors believe that you hold claims against more than one Debtor, you will receive multiple
proof of claim forms, each of which will reflect the nature and amount of your claim as listed in
the Schedules.

As used in this Notice, the term “entity” has the meaning given to it in section 101(15) of
the Bankruptcy Code, and includes all persons, estates, trusts, governmental units, and the Office
of the United States Trustee for the District of Delaware. In addition, the terms “persons” and
“governmental units” are defined in sections 101(41) and 101(27) of the Bankruptcy Code,
respectively.

As used in this Notice, the term “claim” means, as to or against the Debtors and pursuant
to section 101(5) of the Bankruptcy Code: (a) any right to payment, whether or not such right is
reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed,
undisputed, legal, equitable, secured, or unsecured; or (b) any right to an equitable remedy for
breach of performance if such breach gives rise to a right to payment, whether or not such right to
an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed,
undisputed, secured, or unsecured.

I. THE BAR DATES

The Bar Date Order establishes the following bar dates for filing proofs of claim in these
chapter 11 cases.

a. The General Bar Date. Pursuant to the Bar Date Order, except as described
below, all entities holding claims against the Debtors that arose or are

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deemed to have arisen before the commencement of these cases on the
Petition Date, including requests for payment pursuant to
section 503(b)(9), are required to file proofs of claim by the General
Bar Date so that such proofs of claim are actually received by the
Debtors’ notice and claims agent, Omni Agent Solutions, Inc. (“Omni”)
by the General Bar Date, (i.e., by August 2, 2024 at 11:59 p.m.,
prevailing Eastern Time). The General Bar Date applies to all types of
claims against the Debtors that arose before the Petition Date, including
secured claims, unsecured priority claims, unsecured non-priority claims
contingent claims, unliquidated claims, disputed claims, and rejection
damage claims for executory contracts and unexpired leases that have
already been rejected by order of the Court in these chapter 11 cases.

b. The Governmental Bar Date. Pursuant to the Bar Date Order, all
governmental units holding claims against the Debtors that arose or are
deemed to have arisen prior to the commencement of these cases on the
Petition Date are required to file proofs of claim by the Governmental
Bar Date (i.e., by December 9, 2024 at 11:59 p.m., prevailing Eastern
Time). The Governmental Bar Date applies to all governmental units
holding claims against the Debtors (whether secured, unsecured priority, or
unsecured non-priority) that arose prior to the Petition Date, including,
without limitation, governmental units with claims against the Debtors for
unpaid taxes, whether such claims arise from prepetition tax years or
periods or prepetition transactions to which the Debtors were a party. All
governmental units holding such claims against the Debtors are required to
file proofs of claim so that such proofs of claim are actually received by
Omni by the Governmental Bar Date.

c. Amended Schedules Bar Date. If the Debtors amend or supplement their
Schedules to reduce the undisputed, noncontingent, and liquidated amount
of a claim listed in the Schedules, to change the nature or classification of a
claim against the Debtors reflected in the Schedules, or to add a new claim
to the Schedules, the affected creditor, if so chooses, is required to file a
proof of claim or amend any previously filed proof of claim in respect of
the amended scheduled claim on or before the later of (a) the General Bar
Date or the Governmental Bar Date, as applicable, to such claim, and
(b) 11:59 p.m., prevailing Eastern Time, on the date that is 21 days from the
date on which the Debtors provide notice of the amendment to the
Schedules.

d. Rejection Damages Bar Date. In the event that an order authorizing the
rejection of an executory contract or unexpired lease is entered, except as
otherwise set forth in such order, the bar date for filing a Proof of Claim
based on the Debtors’ rejection of such contract or lease shall be the later of
(i) the General Bar Date, (ii) 11:59 p.m., prevailing Eastern Time, on the
date that is 30 days after the later of (A) entry of an order approving the
rejection of any executory contract or unexpired lease of the Debtors or

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(B) the effective date of a rejection of any executory contract or unexpired
lease of the Debtors pursuant to operation of any Court order. All entities
holding such claims against the Debtors would be required to file proofs of
claim so that such proofs are actually received by Omni by the applicable
Rejection Damages Bar Date.

II. WHO MUST FILE A PROOF OF CLAIM

Except as otherwise set forth herein, the following entities holding claims against the
Debtors that arose (or that are deemed to have arisen) before the Petition Date must file proofs of
claim on or before the General Bar Date, Governmental Bar Date, or any other bar date set forth
in the Bar Date Order, as applicable:

a. any entity whose claim against a Debtor is not listed in the applicable
Debtor’s Schedules or is listed as contingent, unliquidated, or disputed if
such entity desires to participate in any of these chapter 11 cases or share in
any distribution in any of these chapter 11 cases;

b. any entity who believes that its claim is improperly classified in the
Schedules or is listed in an incorrect amount and who desires to have its
claim allowed in a classification or amount other than that identified in the
Schedules;

c. any entity that believes that its prepetition claims as listed in the Schedules
is not an obligation of the specific Debtor against which the claim is listed
and that desires to have its claim allowed against a Debtor other than that
identified in the Schedules; and

d. any entity who believes that its claim against a Debtor is or may be an
administrative expense pursuant to section 503(b)(9) of the
Bankruptcy Code.

III. PARTIES WHO DO NOT NEED TO FILE PROOFS OF CLAIM

Certain parties are not required to file proofs of claim. The Court may, however, enter one
or more separate orders at a later time requiring creditors to file proofs of claim for some kinds of
the following claims and setting related deadlines. If the Court does enter such an order, you will
receive notice of it. The following entities holding claims that would otherwise be subject to the
Bar Dates need not file proofs of claims:

a. any entity that already has filed a signed proof of claim against the
respective Debtor(s) with the Clerk of the Court or with Omni in a form
substantially similar to Official Form 410;

b. any entity whose claim is listed on the Schedules if: (i) the claim is not
scheduled as any of “disputed,” “contingent,” or “unliquidated;” (ii) such
entity agrees with the amount, nature, and priority of the claim as set forth
in the Schedules; and (iii) such entity does not dispute that its claim is an

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obligation only of the specific Debtor against which the claim is listed in
the Schedules;

c. any entity whose claim has previously been allowed by order of the Court;

d. any entity whose claim has been paid in full or is otherwise fully satisfied
by the Debtors pursuant to the Bankruptcy Code or pursuant to an order of
the Court;

e. any Debtor having a claim against another Debtor;

f. any entity whose claim is solely against any of the Debtors’ non-Debtor
affiliates;

g. any entity that holds an interest in any of the Debtors, which interest is based
exclusively on the ownership of common stock, preferred stock,
membership interests, partnership interests, or rights to purchase, sell, or
subscribe to such an interest; provided that interest holders who wish to
assert claims (as opposed to ownership interests) against any of the Debtors,
including claims that arise out of or relate to the ownership or purchase of
an interest, must file proofs of claim on or before the applicable Bar Date
unless another exception identified herein applies; 2

h. a current employee of the Debtors, if an order of this Court authorized the
Debtors to honor such claim in the ordinary course of business as a wage,
commission, or benefit; provided that a current employee must submit a
proof of claim by the General Bar Date for all other claims arising before
the Petition Date, including (but not limited to) claims for wrongful
termination, discrimination, harassment, hostile work environment, and/or
retaliation;

i. any current officer, director, or employee for claims based on
indemnification, contribution, or reimbursement;

j. any entity holding a claim for which a separate deadline is fixed by this
Court;

k. any entity holding a claim allowable under sections 503(b) and 507(a)(2) of
the Bankruptcy Code as an expense of administration incurred in the
ordinary course, provided that any entity asserting a claim entitled to
priority under section 503(b)(9) of the Bankruptcy Code must assert such
claims by filing a proof of claim on or prior to the General Bar Date; and

2 The Debtors reserve all rights regarding any such claims, including to, inter alia, assert that such claims are subject
to subordination pursuant to Bankruptcy Code section 510(b).

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l. any person or entity that is exempt from filing a Proof of Claim pursuant to
an order of the Court in these chapter 11 cases, including, without limitation,
pursuant to any orders authorizing the Debtors’ proposed postpetition
financing (whether on an interim or final basis) (any such orders, the “DIP
Orders”).

IV. INSTRUCTIONS FOR FILING PROOFS OF CLAIM

The following requirements shall apply with respect to filing and preparing each proof of
claim:

a. Contents. Each proof of claim must: (i) be written in English; (ii) include
a claim amount denominated in United States dollars using, if applicable,
the exchange rate as of 5:00 p.m., prevailing Eastern Time, on the Petition
Date (and to the extent such claim is converted to United States dollars, state
the rate used in such conversion); (iii) conform substantially with the Proof
of Claim Form provided by the Debtors or Official Form 410; and (iv) be
signed by the claimant or by an authorized agent or legal representative of
the claimant.

b. Section 503(b)(9) Claim. Any proof of claim asserting a claim entitled to
priority under section 503(b)(9) must also: (i) include the value of the goods
delivered to and received by the Debtors in the 20 days before the Petition
Date; and (ii) attach any documentation identifying the particular invoices
for which the 503(b)(9) claim is being asserted.

c. Original Signatures Required. Only original proofs of claim (whether
submitted by hard copy or through the Online Portal available at
https://omniagentsolutions.com/Vyaire) will be deemed acceptable for
purposes of claims administration. Copies of proofs of claim or proofs of
claim sent by facsimile or electronic mail will not be accepted.

d. Identification of the Debtor Entity. Each proof of claim must clearly
identify the Debtor against which a claim is asserted, including the
individual Debtor’s case number. A proof of claim filed under the joint
administration case number or otherwise without identifying a specific
Debtor, will be deemed as filed only against Vyaire Medical, Inc.

e. Claim Against Multiple Debtor Entities. Unless otherwise ordered by the
Court, each proof of claim must state a claim against only one Debtor and
clearly indicate the Debtor against which the claim is asserted. To the extent
more than one Debtor is listed on the proof of claim, such claim may be
treated as if filed only against the first-listed Debtor.

f. Supporting Documentation. Each proof of claim must include supporting
documentation pursuant to Bankruptcy Rules 3001(c) and 3001(d). If,
however, such documentation is voluminous, such proof of claim may
include a summary of such documentation or an explanation as to why such

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documentation is not available; provided that any creditor that includes only
a summary of such documentation shall be required to transmit all such
supporting documentation to Debtors’ counsel upon request no later than
10 days from the date of such request.

g. Timely Service. Each proof of claim must be filed, including supporting
documentation, so as to be actually received by Omni on or before the
General Bar Date or the Governmental Bar Date (or, where applicable, on
or before any other Bar Date as set forth herein or by order of the Court)
either by (i) electronically through the Online Portal at
https://omniagentsolutions.com/Vyaire under “Claims” and by clicking on
“Submit a Proof of Claim,” or (ii) U.S. Mail, overnight mail, or other hand
delivery system at the following address:
By First Class Mail, Overnight Courier or Hand Delivery to:

Vyaire Medical, Inc. et al. Claims Processing
c/o Omni Agent Solutions, Inc.
5955 De Soto Avenue, Suite 100
Woodland Hills, CA 91367

PROOFS OF CLAIM SUBMITTED BY FACSIMILE OR ELECTRONIC MAIL WILL
NOT BE ACCEPTED.

h. Receipt of Service. Claimants wishing to receive acknowledgment that
their paper proofs of claim were received by Omni must submit (i) a copy
of the Proof of Claim Form (in addition to the original Proof of Claim Form
sent to Omni) and (ii) a self-addressed, stamped envelope.

V. CONSEQUENCES OF FAILING TO TIMELY FILE YOUR PROOF OF CLAIM

Pursuant to the Bar Date Order and pursuant to Bankruptcy Rule 3003(c)(2), if you or any
party or entity who is required, but fails, to file a proof of claim in accordance with the Bar Date
order on or before the applicable Bar Date, please be advised that:

a. YOU WILL NOT RECEIVE ANY DISTRIBUTION IN THESE
CHAPTER 11 CASES ON ACCOUNT OF THAT CLAIM; AND

b. YOU WILL NOT BE PERMITTED TO VOTE ON ANY CHAPTER 11
PLAN OR PLANS FOR THE DEBTORS ON ACCOUNT OF THESE
BARRED CLAIMS.

VI. RESERVATION OF RIGHTS

Nothing contained in this Notice is intended to or should be construed as a waiver of the
Debtors’ right to: (a) dispute, or assert offsets or defenses against, any filed claim or any claim
listed or reflected in the Schedules as to the nature, amount, liability, or classification thereof;

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(b) subsequently designate any scheduled claim as disputed, contingent, or unliquidated; and
(c) otherwise amend or supplement the Schedules.

VII. THE DEBTORS’ SCHEDULES AND ACCESS THERETO

You may be listed as the holder of a claim against one or more of the Debtor entities in the
Debtors’ Schedules. To determine if and how you are listed on the Schedules, please refer to the
descriptions set forth on the enclosed Proof of Claim Forms regarding the nature, amount, and
status of your claim(s). If the Debtors believe that you may hold claims against more than 1 Debtor
entity, you will receive multiple Proof of Claim Forms, each of which will reflect the nature and
amount of your claim against 1 Debtor entity, as listed in the Schedules.

If you rely on the Debtors’ Schedules, it is your responsibility to determine that the claim
is accurately listed in the Schedules. However, you may rely on the enclosed form, which sets
forth the amount of your claim (if any) as scheduled; identifies the Debtor entity against which it
is scheduled; specifies whether your claim is listed in the Schedules as disputed, contingent, or
unliquidated; and identifies whether your claim is scheduled as a secured, unsecured priority, or
unsecured non-priority claim.

As described above, if you agree with the nature, amount, and status of your claim as listed
in the Debtors’ Schedules, and if you do not dispute that your claim is only against the Debtor
entity specified by the Debtors, and if your claim is not described as “disputed,” “contingent,” or
“unliquidated,” you need not file a proof of claim. Otherwise, or if you decide to file a proof of
claim, you must do so before the applicable Bar Date in accordance with the procedures set forth
in this Notice.

VIII. ADDITIONAL INFORMATION

Copies of the Debtors’ Schedules, the Bar Date Order, and other information regarding
these chapter 11 cases are available for inspection free of charge on Omni’s website at
https://omniagentsolutions.com/Vyaire. The Schedules and other filings in these chapter 11 cases
also are available for a fee at the Court’s website at http://www.deb.uscourts.gov. A login
identification and password to the Court’s Public Access to Court Electronic Records (“PACER”)
are required to access this information and can be obtained through the PACER Service Center at
http://www.pacer.psc.uscourts.gov. Copies of the Schedules and other documents filed in these
cases also may be examined between the hours of 9:00 a.m. and 4:30 p.m., prevailing Eastern
Time, Monday through Friday, at the office of the Clerk of the Bankruptcy Court, United States
Bankruptcy Court for the District of Delaware, 824 Market Street, 3rd Floor, Wilmington,
Delaware 19801.

If you require additional information regarding the filing of a proof of claim, you may
contact the Debtors’ claims agent, Omni Agent Solutions, Inc., by calling the Debtors’
restructuring hotline at: (866) 956-2140 (U.S. & Canada) or (818) 666-3635 (International), or
writing (i) via first class mail, to Vyaire Medical, Inc., Claims Processing, c/o Omni Agent
Solutions, Inc., 5955 De Soto Avenue, Suite 100, Woodland Hills, CA 91367, or (ii) via email to:
Vyaireinquiries@omniagnt.com with a reference to “Vyaire Medical, Inc.” in the subject line.

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Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 14 of 19

A HOLDER OF A POSSIBLE CLAIM AGAINST THE DEBTORS SHOULD CONSULT
AN ATTORNEY REGARDING ANY MATTERS NOT COVERED BY THIS NOTICE,
SUCH AS WHETHER THE HOLDER SHOULD FILE A PROOF OF CLAIM.

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Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 15 of 19

EXHIBIT 3

Publication Notice
Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 16 of 19

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 DEADLINES FOR THE FILING OF PROOFS OF CLAIM,
INCLUDING UNDER SECTION 503(B)(9) OF THE BANKRUPTCY CODE

THE GENERAL BAR DATE IS AUGUST 2, 2024, AT 11:59 P.M. (PREVAILING
EASTERN TIME)

THE GOVERNMENTAL BAR DATE IS DECEMBER 9, 2024, AT 11:59 P.M.
(PREVAILING EASTERN TIME)

THE AMENDED SCHEDULES BAR DATE IS AS DEFINED HEREIN

THE REJECTION DAMAGES BAR DATE IS AS DEFINED HEREIN

PLEASE TAKE NOTICE OF THE FOLLOWING:

Deadlines for Filing Proofs of Claim. On [______] 2024, the United States Bankruptcy
Court for the District of Delaware (the “Court”) entered an order [Docket No. [____]]
(the “Bar Date Order”) establishing certain deadlines for the filing of proofs of claim, including
requests for payment under section 503(b)(9) of the Bankruptcy Code, in the chapter 11 cases of
the following debtors and debtors in possession (collectively, the “Debtors”):

The Bar Dates. Pursuant to the Bar Date Order, all entities (except governmental units),
including individuals, partnerships, estates, and trusts who have a claim or potential claim against
the Debtors that arose before June 9, 2024 (the “Petition Date”), no matter how remote or
contingent such right to payment or equitable remedy may be, including requests for payment
under section 503(b)(9) of the Bankruptcy Code, MUST FILE A PROOF OF CLAIM on or before
August 2, 2024 at 11:59 p.m., prevailing Eastern Time (the “General Bar Date”). Governmental
entities who have a claim or potential claim against the Debtors that arose before the Petition Date,
no matter how remote or contingent such right to payment or equitable remedy may be, MUST
FILE A PROOF OF CLAIM on or before December 9, 2024 at 11:59 p.m., prevailing Eastern
Time (the “Governmental Bar Date”). All entities who have a claim or potential claim against the
Debtors based on any amendment by the Debtors of their Schedules, no matter how remote or
contingent such right to payment or equitable remedy may be, if they so choose, MUST FILE A
PROOF OF CLAIM on the later of (a) the General Bar Date or the Governmental Bar Date, as
applicable, to such claim, and (b) 11:59 p.m., prevailing Eastern Time, on the date that is 21 days
from the date on which the Debtors provide notice of the amendment (the “Amended Schedules
Bar Date”). All entities who have a claim or potential claim against the Debtors based on the
Debtors’ rejection of an executory contract or unexpired lease, no matter how remote or contingent
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Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 18 of 19

such right to payment or equitable remedy may be, MUST FILE A PROOF OF CLAIM on the
later of (i) the General Bar Date, (ii) 30 days after the later of (A) entry of an order approving the
rejection of any executory contract or unexpired lease of the Debtors or (B) the effective date of a
rejection of any executory contract or unexpired lease of the Debtors pursuant to operation of any
Court order (the “Rejection Claim Bar Date”).

ANY PERSON OR ENTITY WHO FAILS TO FILE A PROOF OF CLAIM, INCLUDING
UNDER SECTION 503(B)(9) OF THE BANKRUPTCY CODE, ON OR BEFORE THE
APPLICABLE BAR DATE SHALL NOT BE TREATED AS A CREDITOR WITH
RESPECT TO SUCH CLAIM FOR THE PURPOSES OF VOTING AND DISTRIBUTION
ON ANY CHAPTER 11 PLAN.

Filing a Proof of Claim. Each proof of claim must be filed, including supporting
documentation, so as to be actually received by the Debtors’ notice and claims agent, Omni, on or
before the applicable Bar Date, either: (i) electronically through the Online Portal available at
https://omniagentsolutions.com/Vyaire under “Claims” and by clicking on “Submit a Proof of
Claim” or (ii) by U.S. Mail, overnight mail, or other hand delivery system, at the following
address:
By First Class Mail, Overnight Courier or Hand Delivery to:

Vyaire Medical, Inc. et al. Claims Processing
c/o Omni Agent Solutions, Inc.
5955 De Soto Avenue, Suite 100
Woodland Hills, CA 91367

Contents of Proofs of Claim. Each proof of claim must (i) be written in English;
(ii) include a claim amount denominated in United States dollars using, if applicable, the exchange
rate as of 5:00 p.m., prevailing Eastern Time, on the Petition Date (and to the extent such claim is
converted to United States dollars, state the rate used in such conversion); (iii) clearly identify the
Debtor against which the claim is asserted (iv) conform substantially with the Proof of Claim Form
provided by the Debtors or Official Form 410; (v) be signed by the claimant or by an authorized
agent or legal representative of the claimant; and (vi) include as attachments any and all supporting
documentation on which the claim is based. Please note that each proof of claim must state a
claim against only 1 Debtor and clearly indicate the specific Debtor against which the claim is
asserted. To the extent more than 1 Debtor is listed on the proof of claim, a proof of claim is
treated as if filed only against the first-listed Debtor, or if a proof of claim is otherwise filed without
identifying a specific Debtor, the proof of claim may be deemed as filed only against Vyaire
Medical, Inc.

Section 503(b)(9) Requests for Payment. Any proof of claim and/or priority asserting a
claim arising under section 503(b)(9) of the Bankruptcy Code must also (i) include the value of
the goods delivered to and received by the Debtors in the 20 days before the Petition Date; and
(ii) attach any documentation identifying the particular invoices for which such 503(b)(9) claim is
being asserted.

Additional Information. If you require additional information regarding the filing of a
proof of claim, you may contact the Debtors’ claims agent, Omni Agent Solutions, Inc., by calling
the Debtors’ restructuring hotline at: (866) 956-2140 (U.S. & Canada) or (818) 666-3635
(International), or writing (i) via first class mail, to Vyaire Medical, Inc., Claims Processing, c/o

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Case 24-11217-BLS Doc 227-1 Filed 07/09/24 Page 19 of 19

Omni Agent Solutions, Inc., 5955 De Soto Avenue, Suite 100, Woodland Hills, CA 91367, or
(ii) via email to: Vyaireinquiries@omniagnt.com with a reference to “Vyaire Medical, Inc.” in the
subject line. Please note that Omni Agent Solutions, Inc. cannot offer legal advice or advise
whether you should file a proof of claim.

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Notice (2024-07-09)

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