Doc 351 — Vyaire - COC -BDO Retention App

Summary

Certification of counsel in the Vyaire Medical Chapter 11 case, Case No. 24-11217 (BLS), regarding the Debtors' application to retain and employ BDO USA as tax accountant effective as of the petition date, and to modify certain timekeeping requirements [Docket No. 238]. The certification states that objections were due by July 23, 2024, that the United States Trustee filed a Limited Objection [Docket No. 300], and that the Debtors received no other objections or informal comments. The Debtors revised the proposed order to address that objection, and the certification states that the United States Trustee confirmed the revised order resolved it. The Debtors ask the Court to enter the revised proposed order. It is dated August 7, 2024, over /s/ Patrick J. Reilley.

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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. 238
CERTIFICATION OF COUNSEL REGARDING DEBTORS’
APPLICATION FOR ENTRY OF AN ORDER AUTHORIZING THE
 RETENTION AND EMPLOYMENT OF BDO USA P.C. AS TAX ACCOUNTANT
FOR THE DEBTORS AND DEBTORS IN POSSESSION EFFECTIVE AS OF THE
PETITION DATE, AND MODIFYING CERTAIN TIMEKEEPING REQUIREMENTS
The undersigned 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 BDO USA P.C. as Tax Accountant for the Debtors and Debtors in
Possession Effective as of the Petition Date, and Modifying Certain Timekeeping Requirements
[Docket No. 238] (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 BDO USA P.C. as Tax Accountant for the Debtors and Debtors
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 351    Filed 08/07/24    Page 1 of 3

2
in Possession Effective as of the Petition Date, and Modifying Certain Timekeeping Requirements,
objections or responses to the Application and entry of the Proposed Order were to be filed and
served on the undersigned counsel by July 23, 2024, at 4:00 p.m. (prevailing Eastern Time)
(the “Objection Deadline”).
3.
Prior to the Objection Deadline, the Office of the United States Trustee for the
District of Delaware (the “U.S. Trustee”) filed the Limited Objection of the United States Trustee
to Debtors’ Application to Employ BDO USA P.C. [Docket No. 300] (the “Objection”).
4.
The Debtors have not received any other objections or informal comments to the
Application and Proposed Order.
5.
The Debtors revised the Proposed Order to address the Objection received from the
U.S. Trustee, a copy of which is attached hereto as Exhibit 1 (the “Revised Proposed Order”).
6.
The U.S. Trustee confirmed the Revised Proposed Order resolved the U.S.
Trustee’s Objection.
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]
Case 24-11217-BLS    Doc 351    Filed 08/07/24    Page 2 of 3

3
Dated: August 7, 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
Co-Counsel to the Debtors
Co-Counsel to the Debtors
and Debtors in Possession
and Debtors in Possession
Case 24-11217-BLS    Doc 351    Filed 08/07/24    Page 3 of 3

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