Vyaire - COC re McDermott Retention Application
- Date
- 2024-07-09
Summary
A certification of counsel filed July 26, 2024 as Doc 324 in the Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. It concerns the Official Committee of Unsecured Creditors' July 9, 2024 application to retain McDermott Will & Emery LLP as counsel effective June 28, 2024. Counsel certifies that the July 23, 2024 objection deadline passed with no objections on the docket, but the U.S. Trustee informally raised concerns. It states that the Committee revised the proposed order by agreement with the U.S. Trustee, that a supplemental McDermott declaration and a Committee chair declaration were filed, and that the U.S. Trustee's counsel does not object to the revised order at Exhibit A, which the Committee asks the court to enter. It is signed by McDermott Will & Emery LLP as proposed Committee counsel.
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Case 24-11217-BLS Doc 324 Filed 07/26/24 Page 1 of 3
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
In re: )
) Case No. 24-11217 (BLS)
VYAIRE MEDICAL, INC., et al.,1 )
) (Jointly Administered)
Debtors. )
) Related to Docket Nos. 215, 230, 321, 322, 323
)
CERTIFICATION OF COUNSEL REGARDING APPLICATION
OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF
VYAIRE MEDICAL, INC., ET AL., TO RETAIN AND EMPLOY MCDERMOTT
WILL & EMERY LLP AS COUNSEL, EFFECTIVE JUNE 28, 2024
The undersigned, proposed counsel to the Official Committee of Unsecured Creditors
(the “Committee”) in the above-captioned chapter 11 cases of Vyaire Medical, Inc., et al.
(collectively, the “Debtors”), hereby certifies as follows:
1. On July 9, 2024, the Committee filed the Application of the Official Committee of
Unsecured Creditors of Vyaire Medical, Inc., et al., to Retain and Employ McDermott Will &
Emery LLP as Counsel, Effective June 28, 2024 [Docket Nos. 215, 230] (the “Application”) with
the United States Bankruptcy Court for the District of Delaware (the “Court”).
2. Pursuant to the Notice of Application, objections to the Application were required
to have been filed with the Court and served so as to be received no later than 4:00 p.m. (ET) on
July 23, 2024 (the “Objection Deadline”).
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 324 Filed 07/26/24 Page 2 of 3
3. The Objection Deadline has passed, and no objections to the Application appear
on the docket or were served upon undersigned counsel. However, the U.S. Trustee informally
raised concerns regarding the Application (the “Informal Objections”).
4. The Committee and the U.S. Trustee have negotiated in good faith to resolve the
Informal Objections, and the Committee has amended the proposed form of order approving the
Application to reflect the agreement of the parties (the “Revised Order”). Moreover, at the
request of the U.S. Trustee, McDermott has filed a supplemental declaration in support of the
Application [Docket Nos. 322, 323] (the “Supplemental Declaration”), and the Committee has
filed a declaration by the Chair of the Committee in support of the Application [Docket No. 321]
(the “Committee Declaration”). Counsel to the U.S. Trustee has reviewed the Revised Order, the
Supplemental Declaration, and the Committee Declaration, and does not object to the entry of
the Revised Order, which is attached hereto as Exhibit A. A redline version of the Revised
Order reflecting all changes from the form of order submitted with the Application is attached
hereto as Exhibit B.
[Remainder of Page Intentionally Left Blank]
2
Case 24-11217-BLS Doc 324 Filed 07/26/24 Page 3 of 3
5. Accordingly, the Committee respectfully requests that the Court enter the Revised
Order attached hereto as Exhibit A at the convenience of the Court.
Dated: Wilmington, Delaware
July 26, 2024 MCDERMOTT WILL & EMERY LLP
/s/ David R. Hurst
David R. Hurst (I.D. No. 3743)
Maris J. Kandestin (I.D. No. 5294)
The Brandywine Building
1000 N. West Street, Suite 1400
Wilmington, Delaware 19801
(302) 485-3900
dhurst@mwe.com
mkandestin@mwe.com
- and -
Darren Azman
Kristin K. Going
One Vanderbilt Avenue
New York, New York 10017
(212) 547-5400
kgoing@mwe.com
dazman@mwe.com
Proposed Counsel for the Official
Committee of Unsecured Creditors
3
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