Notice of Extension of Certain Key Dates and Deadlines — Vyaire Medical, Inc. (Re: Docket Nos. 16 & 249)

Summary

This Notice of Extension of Certain Key Dates and Deadlines states that the order of July 11, 2024 approving bidding procedures for the sale of substantially all of the Debtors' assets allows the Debtors to adjourn key dates with the consent of the Required DIP Lenders and in consultation with the Committee. The Debtors extend the deadline to designate a stalking horse bidder to July 22, 2024, and the deadline for all bids to August 5, 2024, at 5:00 p.m. (prevailing Eastern Time). The restated schedule lists an auction date (if any) of August 8, 2024, at 10:00 a.m., a proposed sale hearing on August 15, 2024 (subject to the Court's availability), and a deadline to consummate the sale transaction of August 19, 2024.

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Full text

1
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 Nos.  16 & 249
NOTICE OF EXTENSION OF CERTAIN KEY DATES AND DEADLINES

PLEASE TAKE NOTICE that, on July 11, 2024, the Court entered the Order
(I) Approving Bidding Procedures in Connection with the Sale of Substantially All of the Debtors’
Assets, (II) Authorizing the Debtors to Enter Into a Stalking Horse Agreement and Provide Bid
Protections, (III) Approving the Form and Manner of Notice Thereof, (IV) Scheduling an Auction
and Sale Hearing, (V) Approving Procedures for the Assumption and Assignment of Contracts,
(VI) Approving the Sale of the Debtors’ Assets Free and Clear, and (VII) Granting Related Relief
[Docket No. 249] (the “Order”).2
PLEASE TAKE FURTHER NOTICE that, pursuant to the Order, the Debtors, with the
consent of the Required DIP Lenders, and in consultation with the Committee, may adjourn any
key dates and deadlines in the Order by filing a notice with the Court reflecting any such changes.
PLEASE TAKE FURTHER NOTICE that, in accordance with the Order, the Debtors
hereby provide notice of an extension of the deadline to designate a stalking horse bidder to
July 22, 2024.
PLEASE TAKE FURTHER NOTICE that, in accordance with the Order, the Debtors
hereby provide notice of an extension of the deadline by which all bids for a sale transaction must
be submitted to August 5, 2024, at 5:00 p.m. (prevailing Eastern Time).
PLEASE TAKE FURTHER NOTICE that certain other key dates and deadlines have
been adjourned and are restated as follows.  For the avoidance of doubt, the Debtors reserve all
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 but not defined herein have the meanings given to them in the Order.
Case 24-11217-BLS    Doc 263    Filed 07/17/24    Page 1 of 3

2
rights to adjourn (or further adjourn) any key dates and deadlines in accordance with the terms of
the Order.3
Deadline
Item
July 22, 2024
Deadline to Designate any Stalking Horse Bidder
No later than 4 days after the filing of the
Stalking Horse Notice, at 4:00 p.m.
(prevailing Eastern Time)
Stalking Horse Objection Deadline
14 days following service of any notice of
potential assumption and assignment
Assumption and Assignment Objection Deadline
July 22, 2024, at 4:00 p.m. (prevailing
Eastern Time)
Sale Transaction Objection Deadline
August 5, 2024, at 5:00 p.m. (prevailing
Eastern Time)
Bid Deadline
August 8, 2024, at 10:00 a.m. (prevailing
Eastern Time)
Auction Date (if any)
August 8, 2024 (or as soon as reasonably
practicable thereafter)
Deadline to file Successful Bidder Notice
August 9, 2024, at 4:00 p.m. (prevailing
Eastern Time)
Post-Auction Objection Deadline
August 12, 2024, at 4:00 p.m. (prevailing
Eastern Time)
Sale Transaction Reply Deadline
August 13, 2024, at 4:00 p.m. (prevailing
Eastern Time)
Adequate Assurance Objection Deadline
August 15, 2024 (subject to the Court’s
availability)
Proposed Sale Hearing
August 19, 2024
Deadline to consummate Sale Transaction
PLEASE TAKE FURTHER NOTICE that copies of all documents filed in these
chapter 11 cases are available free of charge by visiting https://omniagentsolutions.com/Vyaire,
by calling (866) 956-2140 (U.S. toll-free) or (818) 666-3635 (international), or by emailing
Vyaireinquiries@omniagnt.com. You may also obtain copies of any pleadings by visiting the
Court’s website at https://ecf.deb.uscourts.gov in accordance with the procedures and fees set forth
therein.
3
For the avoidance of doubt, the deadlines to file an objection to the designation of a stalking horse, any notice of
potential assumption and assignment, or to any proposed sale transaction(s) generally, as applicable, have not
changed but are restated for convenience.
Case 24-11217-BLS    Doc 263    Filed 07/17/24    Page 2 of 3

3
Dated: July 17, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
KIRKLAND & ELLIS LLP
Patrick J. Reilley, Esq. (DE Bar 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)
Spencer A. Winters, P.C. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice)
Yusuf U. Salloum (admitted pro hac vice)
Court Plaza North, 25 Main Street
333 West Wolf Point Plaza
Hackensack, New Jersey 07601
Chicago, Illinois 60654
Telephone:
(201) 489-3000
Telephone:
(312) 862-2000
Facsimile:
(201) 489-1536
Facsimile:
(312) 862-2200
Email:
msirota@coleschotz.com
Email:
spencer.winters@kirkland.com
wusatine@coleschotz.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
Case 24-11217-BLS    Doc 263    Filed 07/17/24    Page 3 of 3

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