Vyaire - COC re BRG Retention Application

Summary

Proposed counsel to the Official Committee of Unsecured Creditors certifies, in Doc 316 filed 07/25/24 in Case No. 24-11217 (BLS), regarding the Committee's application to retain and employ Berkeley Research Group, LLC, as financial advisor effective as of June 28, 2024. The certification states that no objections appear on the docket after the July 24, 2024, Objection Deadline, but that the U.S. Trustee informally raised concerns. The Committee and the U.S. Trustee negotiated in good faith, and the Committee amended the proposed form of order. Counsel to the U.S. Trustee does not object to entry of the Revised Order, and the Committee requests that the Court enter it. The signature block carries /s/ David R. Hurst, dated July 25, 2024.

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re:

VYAIRE MEDICAL, INC., et al.,1

Debtors.
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Chapter 11

Case No. 24-11217 (BLS)

(Jointly Administered)

Related to Docket Nos. 242, 243

CERTIFICATION OF COUNSEL REGARDING APPLICATION FOR
ENTRY OF AN ORDER AUTHORIZING THE OFFICIAL COMMITTEE OF
UNSECURED CREDITORS TO RETAIN AND EMPLOY BERKELEY RESEARCH
GROUP, LLC, AS FINANCIAL ADVISOR EFFECTIVE AS OF 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 10, 2024, the Committee filed the Application for Entry of an Order
Authorizing the Official Committee of Unsecured Creditors to Retain and Employ Berkeley
Research Group, LLC, as Financial Advisor Effective as of June 28, 2024 [Docket Nos. 242,
243] (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 24, 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 316    Filed 07/25/24    Page 1 of 3

2
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”).  Counsel to the U.S.
Trustee has reviewed the Revised Order, 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]

Case 24-11217-BLS    Doc 316    Filed 07/25/24    Page 2 of 3

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 25, 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

Case 24-11217-BLS    Doc 316    Filed 07/25/24    Page 3 of 3

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