Vyaire - COC - KE Retention App KE Comments 8.2.2024
- Date
- 2024-07-09
Summary
A certification of counsel filed August 2, 2024 as Doc 347 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' application, filed July 9, 2024 as Docket No. 236, to retain Kirkland & Ellis LLP and Kirkland & Ellis International LLP as attorneys for the debtors effective as of June 9, 2024. The certification states that the objection deadline was July 23, 2024, extended to August 2, 2024 for the U.S. Trustee, and that the debtors received informal comments from the U.S. Trustee but no objections. It reports that the debtors filed a supplemental declaration, 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 Patrick J. Reilley of Cole Schotz P.C.
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Case 24-11217-BLS Doc 347 Filed 08/02/24 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. 236
CERTIFICATION OF COUNSEL
REGARDING DEBTORS’ APPLICATION
FOR ENTRY OF AN ORDER AUTHORIZING THE
RETENTION AND EMPLOYMENT OF KIRKLAND & ELLIS LLP
AND KIRKLAND & ELLIS INTERNATIONAL LLP AS ATTORNEYS FOR
THE DEBTORS AND DEBTORS IN POSSESSION EFFECTIVE AS OF JUNE 9, 2024
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 Kirkland & Ellis LLP and Kirkland & Ellis International LLP as
Attorneys for the Debtors and Debtors in Possession Effective as of June 9, 2024 [Docket No. 236]
(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 Kirkland & Ellis LLP and Kirkland & Ellis International LLP
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 347 Filed 08/02/24 Page 2 of 3
as Attorneys for the Debtors and Debtors in Possession Effective as of June 9, 2024 [Docket
No. 236-1], 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 August 2, 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 certain 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 347 Filed 08/02/24 Page 3 of 3
Dated: August 2, 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 Proposed Co-Counsel to the Debtors
and Debtors in Possession and Debtors in Possession
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