REVISED - Vyaire - COC -CS Retention App
- Date
- 2024-07-09
Summary
A Certification of Counsel regarding the Debtors' application to retain and employ Cole Schotz P.C. as Delaware co-counsel effective as of the petition date, filed July 25, 2024 as Doc 317 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. It states that the application was filed July 9, 2024 at Docket No. 239 with an objection deadline of July 23, 2024, and that the Office of the United States Trustee gave informal comments. At the U.S. Trustee's request, Cole Schotz clarifies paragraph 11(k) of the application regarding additional services and supplemental declarations under Bankruptcy Rule 2014. The certification attaches a Revised Proposed Order as Exhibit 1 and a blackline as Exhibit 2 and asks the Court to enter the revised order.
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Case 24-11217-BLS Doc 317 Filed 07/25/24 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. 239
CERTIFICATION OF COUNSEL REGARDING
DEBTORS’ APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING THE
RETENTION AND EMPLOYMENT OF COLE SCHOTZ P.C. AS DELAWARE
CO-COUNSEL FOR THE DEBTORS EFFECTIVE AS OF THE PETITION DATE
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 July 9, 2024, the Debtors’ Application for Entry of an Order Authorizing the
Retention and Employment of Cole Schotz P.C. as Delaware Co-Counsel for the Debtors Effective
as of the Petition Date [Docket No. 239] (the “Application”) 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 Application (the “Proposed Order”).
2. Pursuant to the Notice of Debtors’ Application for Entry of an Order Authorizing
the Retention and Employment of Cole Schotz P.C. as Delaware Co-Counsel for the Debtors
Effective as of the Petition Date, objections or responses to the Application and entry of the
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 317 Filed 07/25/24 Page 2 of 3
Proposed Order were to be filed and served on the undersigned proposed counsel by July 23, 2024,
at 4:00 p.m. (prevailing Eastern Time) (the “Objection Deadline”).
3. Prior to the Objection Deadline, the Debtors received informal comments to the
Application and Proposed Order from the Office of the United States Trustee for the District of
Delaware (the “U.S. Trustee”).
4. As requested by the U.S. Trustee, Cole Schotz states that paragraph 11(k) of the
Application is clarified as follows:
Cole Schotz is employed by the Debtors to: perform all other
services assigned by the Debtors, in consultation with Kirkland, to
Cole Schotz as co-counsel to the Debtors, and to the extent Cole
Schotz determines that such services fall outside of the scope of
services historically or generally performed by the firm as co-
counsel in a bankruptcy proceeding, Cole Schotz will file a
supplemental declaration pursuant to Bankruptcy Rule 2014 and
give parties in interest an opportunity to object.
5. The Debtors have not received any objections or other informal comments to the
Application and Proposed Order.
6. The Debtors revised the Proposed Order to address the informal comments received
from the U.S. Trustee 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 317 Filed 07/25/24 Page 3 of 3
Dated: July 25, 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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- gov.uscourts.deb.193283.317.0.pdf
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