Vyaire - COC -PJT Retention App KE Comments 7.25.2024
- Date
- 2024-07-09
Summary
A Certification of Counsel filed July 26, 2024 as Doc 320 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, regarding the Debtors' application to retain PJT Partners LP as investment banker and to waive certain information requirements under Local Rule 2016-2. It states that the application was filed July 9, 2024 as Docket No. 240, with an objection deadline of July 23, 2024, extended to July 24, 2024 for the U.S. Trustee. It reports that the Debtors received informal comments only from the U.S. Trustee and revised the proposed order to address them. The certification refers to the 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 320 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. 240
CERTIFICATION OF COUNSEL REGARDING
APPLICATION OF DEBTORS FOR ENTRY OF AN ORDER (I) AUTHORIZING
THE RETENTION AND EMPLOYMENT OF PJT PARTNERS LP AS INVESTMENT
BANKER TO THE DEBTORS AND DEBTORS IN POSSESSION EFFECTIVE AS OF
THE PETITION DATE, (II) WAIVING CERTAIN INFORMATION REQUIREMENTS
PURSUANT TO LOCAL RULE 2016-2, 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 Application of Debtors for Entry of an Order (I) Authorizing
the Retention and Employment of PJT Partners LP as Investment Banker to the Debtors and
Debtors in Possession Effective as of the Petition Date, (II) Waiving Certain Information
Requirements Pursuant to Local Rule 2016-2, and (III) Granting Related Relief [Docket No. 240]
(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”).
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 320 Filed 07/26/24 Page 2 of 3
2. Pursuant to the Notice of Application of Debtors for Entry of an Order (I)
Authorizing the Retention and Employment of PJT Partners LP as Investment Banker to the
Debtors and Debtors in Possession Effective as of the Petition Date, (II) Waiving Certain
Information Requirements Pursuant to Local Rule 2016-2, 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 24, 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 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”).
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 320 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
3
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