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Second Supplemental Declaration of Charles Braley — In re Vyaire Medical, Inc. (Bankr. D. Del.)

Summary

The Second Supplemental Declaration of Charles Braley of AP Services, LLC, filed August 23, 2024 as Doc 460 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. The declarant, a Partner and Managing Director of AlixPartners, LLP, makes it under 28 U.S.C. § 1746 to supplement the original declaration dated July 9, 2024 [Docket No. 241] and first supplemental declaration dated July 26, 2024 [Docket No. 328]. It discloses that Cognizant Technology Solutions U.S. Corp. and Cognizant Worldwide, Ltd., members of the official committee of unsecured creditors, are current AP clients in matters unrelated to the Debtors. It states that APS does not believe the disclosures impact its disinterestedness and will file a supplemental declaration under Bankruptcy Rule 2014(a) if new material facts arise.

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                   Case 24-11217-BLS             Doc 460       Filed 08/23/24         Page 1 of 2




                         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)
                                                               )


                           SECOND SUPPLEMENTAL DECLARATION OF
                            CHARLES BRALEY OF AP SERVICES, LLC

             Pursuant to 28 U.S.C. § 1746, I, Charles Braley, state under penalty of perjury, that:

             1.     I am a Partner and Managing Director of AlixPartners, LLP (“AlixPartners”),2

which has a place of business at 300 N. LaSalle Street, Suite 1800, Chicago, IL 60654.

             2.     I am duly authorized to execute this declaration on behalf of AP Services, LLC

(“APS”), an affiliate of AlixPartners LLP.

             3.     Except as otherwise noted, I have personal knowledge of the matters set forth herein

and, if called as a witness, would testify competently thereto.

             4.     I submit this supplemental declaration in the cases of the above-captioned debtors

(collectively, the “Debtors”) to supplement the disclosures set forth in my original declaration

dated July 9, 2024 [Docket No. 241] (the “Original Declaration’) and my first supplemental

declaration dated July 26, 2024 [Docket No. 328].

             5.     Unless otherwise noted, references to AP below collectively refer to AlixPartners,


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.

2
      Capitalized terms used herein shall have meanings ascribed to them in the Original Declaration.
               Case 24-11217-BLS         Doc 460      Filed 08/23/24     Page 2 of 2




AP Holdings, APS, and each of their respective subsidiaries. APS wishes to disclose the following:

       •    Cognizant Technology Solutions U.S. Corp. and Cognizant Worldwide, Ltd., contract
            counterparties and members of the official committee of unsecured creditors in these
            Chapter 11 Cases, and affiliated entities, are current AP clients in matters unrelated to
            the Debtors.

       6.      APS does not believe that the supplemental disclosures above impact its

disinterestedness. I continue to reserve the right to supplement APS’s disclosures in the event that

APS learns of any additional connections that require disclosure. If any new material relevant facts

or relationships are discovered or arise, APS will promptly file a supplemental declaration pursuant

to Bankruptcy Rule 2014(a).

       I declare under penalty of perjury pursuant to 28 U.S.C. §1746 that the foregoing is true

and correct.

Dated: August 23, 2024                            AP Services, LLC
       Chicago, Illinois


                                                   /s/ Charles Braley
                                                  Charles Braley
                                                  Authorized Representative




                                                  2

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