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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In Re
VYAIRE MEDICAL, INC., et al., 1
Debtors.
Chapter 11
Case No. 24-11217 (BLS)
(Jointly Administered)
Re: D.I. 256
LIMITED OBJECTION TO FIRST NOTICE TO
CONTRACT PARTIES OF POTENTIALLY ASSUMED AND
ASSIGNED EXECUTORY CONTRACTS AND UNEXPIRED LEASES
Data-Modul, Inc. (“Data”), a creditor and counter-party to an executory contract in this
proceeding, by and through its attorneys, objects to the Debtors’ FIRST NOTICE TO CONTRACT
PARTIES OF POTENTIALLY ASSUMED AND ASSIGNED EXECUTORY CONTRACTS
AND UNEXPIRED LEASES dated July 11,2024 (the “Notice”) based upon the following:
1.
Data has a limited objection to the assumption of its agreement, due to the fact
that the “Cure Amount” provided in Exhibit “A” of the Notice proposes an amount which is
inadequate to cure the Debtors’ default under §365 of the Bankruptcy Code. It is respectfully
submitted that to the extent that the Motion requests authorization for payment of less than 100%
of the actual amount necessary to cure the default, absent an agreement between the parties, it is
in violation of §365.
2.
To date, the amount necessary to cure the default totals $369,732.30. Annexed
hereto is an invoice indicating an amount due to Data of $369,732.30. The Notice provides that
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’ proposed 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.
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2
Debtor proposes a cure amount of $0. This amount is wholly inadequate to cure the default
pursuant to the underlying agreement between the parties and thus, is in violation of §365 of the
Bankruptcy Code. Data reserves the right to update the cure amount owed as of the date of any
actual assumption and / or assignment.
3.
To the extent that Debtors propose to cure the default as provided in the attached
invoices and pursuant to §365 of the Bankruptcy Code, Data does not object to the relief requested.
WHEREFORE, it is respectfully requested that the motion be denied, to the extent that it
provides for payment of less than 100% of the actual cure amount due to Data at the time of the
assumption, together with such other further relief as is just proper under the circumstances.
Dated: July 22, 2024
Wilmington, Delaware
THE ROSNER LAW GROUP LLC
/s/ Frederick B. Rosner
Frederick B. Rosner (DE 3995)
824 N. Market Street, Suite 810
Wilmington, DE 19801
(302) 777-1111
rosner@teamrosner.com
and
MACCO & COREY, P.C.
Peter Corey, Esq.
2950 Express Drive S.
Islandia, NY 11749
Tel: (631)549-7900 x.316
Email: pcorey@maccolaw.com
Counsel for DATA-MODUL, INC.
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