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Vyaire - McDermott Retention Application (Redacted Version)

Date
2024-07-23

Summary

Doc 230-1, a notice filed July 9, 2024 in the jointly administered Chapter 11 cases of Vyaire Medical, Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. It gives notice that the Official Committee of Unsecured Creditors filed an application to retain and employ McDermott Will & Emery LLP as its counsel, effective June 28, 2024. The notice sets an objection deadline of July 23, 2024 and a hearing, if necessary, on July 31, 2024 before the Honorable Brendan Linehan Shannon, United States Bankruptcy Judge. It states that the court may grant the relief without further notice or a hearing if no response is filed. The two-page notice is signed by David R. Hurst of McDermott Will & Emery LLP as proposed counsel for the committee.

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Full text

               Case 24-11217-BLS              Doc 230-1        Filed 07/09/24        Page 1 of 2




                       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.            )
                                                       )   Obj. Deadline: 7/23/24 at 4:00 p.m. (ET)
                                                           Hrg. Date: 7/31/24 at 2:00 p.m. (ET)
                                                       )
                                                       )   Related to Docket Nos. 215, 217

           NOTICE OF 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

TO:      (a) the United States Trustee for the District of Delaware; (b) counsel to the Debtors; and
         (c) all parties entitled to notice pursuant to Local Rule 2002-1(b)

       PLEASE TAKE NOTICE that, on July 9, 2024, the Official Committee of Unsecured
Creditors (the “Committee”) in the above-captioned chapter 11 cases (the “Chapter 11 Cases”) of
Vyaire Medical, Inc. and its affiliated debtors and debtors in possession (collectively, the
“Debtors”) 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 (the “Application”)2 with the United States Bankruptcy Court for the District of
Delaware (the “Court”).

       PLEASE TAKE FURTHER NOTICE that an objection, if any, to the Application must
be in writing, filed with the Court, 824 Market Street, 3rd Floor, Wilmington, Delaware 19801,
and served on undersigned proposed counsel for the Committee so that it is received on or before
July 23, 2024 at 4:00 p.m. (ET).

        PLEASE TAKE FURTHER NOTICE that a hearing on the Application, if necessary,
will be held on July 31, 2024 at 2:00 p.m. (ET), before the Honorable Brendan Linehan
Shannon, United States Bankruptcy Judge, United States Bankruptcy Court for the District of
Delaware, 824 Market Street, 6th Floor, Courtroom No. 1, Wilmington, Delaware 19801.


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 that are used but not defined herein shall have the meanings ascribed to such terms in the
    Application.
           Case 24-11217-BLS   Doc 230-1   Filed 07/09/24   Page 2 of 2




      IF YOU FAIL TO RESPOND TO THE APPLICATION IN ACCORDANCE WITH
THIS NOTICE, THE COURT MAY GRANT THE RELIEF REQUESTED IN THE
APPLICATION WITHOUT FURTHER NOTICE OR A HEARING.

Dated: Wilmington, Delaware           MCDERMOTT WILL & EMERY LLP
       July 9, 2024
                                      /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




                                      2


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gov.uscourts.deb.193283.230.1.pdf
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