Vyaire - COC -AP Retention App
- Date
- 2024-07-09
Summary
A Certification of Counsel filed July 26, 2024 as Doc 329 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. It concerns the Debtors' July 9, 2024 application [Docket No. 241] to retain AP Services, LLC and designate a Chief Restructuring Officer effective as of the petition date. Counsel certifies that the objection deadline was July 23, 2024, extended to July 26, 2024 for the U.S. Trustee, which gave informal comments. The Debtors filed a supplemental declaration and agreed to a revised proposed order, attached as Exhibit 1 with a blackline as Exhibit 2, and ask the Court to enter it. The filing is signed by Cole Schotz P.C., with the signature block of Kirkland & Ellis LLP, as proposed co-counsel to the Debtors.
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Case 24-11217-BLS Doc 329 Filed 07/26/24 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. 241
CERTIFICATION OF COUNSEL REGARDING
DEBTORS’ APPLICATION FOR ENTRY OF AN ORDER
AUTHORIZING THE (I) RETENTION OF AP SERVICES, LLC,
(II) DESIGNATION OF CHARLES BRALEY AS CHIEF RESTRUCTURING OFFICER
EFFECTIVE AS OF THE PETITION DATE, AND (III) 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 July 9, 2024, the Debtors’ Application for Entry of an Order Authorizing the
(I) Retention of AP Services, LLC, (II) Designation of Charles Braley as Chief Restructuring
Officer Effective as of the Petition Date, and (III) Granting Related Relief [Docket No. 241]
(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 (I) Retention of AP Services, LLC, (II) Designation of Charles Braley as Chief Restructuring
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 329 Filed 07/26/24 Page 2 of 3
Officer Effective as of the Petition Date, and (III) Granting Related Relief, objections or responses
to the Application and entry of the 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”), except for the Office of the United States Trustee for the District of Delaware
(the “U.S. Trustee”), whose deadline was extended to July 26, 2024.
3. Prior to the U.S. Trustee’s extended Objection Deadline, the Debtors received
informal comments to the Application and Proposed Order from the U.S. Trustee.
4. The Debtors have not received any objections or other informal comments to the
Application and Proposed Order.
5. The Debtors filed a supplemental declaration in support of the Application 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”).
6. A blackline comparing the Revised Proposed Order against the Proposed Order is
attached hereto as Exhibit 2.
7. 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 329 Filed 07/26/24 Page 3 of 3
Dated: July 26, 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
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