United States Bankruptcy Court for the District of Delaware — Case 24-11217-BLS, Doc 243-1

Summary

The Official Committee of Unsecured Creditors gives notice, in Doc 243-1 filed 07/10/24 in Case No. 24-11217 (BLS), of its Application for Entry of an Order Authorizing the Committee to Retain and Employ Berkeley Research Group, LLC, as Financial Advisor Effective as of June 28, 2024. The notice states that objections must be in writing and received on or before July 24, 2024, and that a hearing on the Application, if necessary, is set for July 31, 2024, before the Honorable Brendan Linehan Shannon. If a party fails to respond in accordance with the notice, the Court may grant the relief requested without further notice or a hearing. The notice is dated July 10, 2024, and carries /s/ David R. Hurst, Proposed Counsel for the Official Committee of Unsecured Creditors.

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Date: 2024-07-24

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“United States Bankruptcy Court for the District of Delaware — Case 24-11217-BLS, Doc 243-1.” Dated 2024-07-24. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-07-24-microsoft-word-vyaire-brg-retention-notice-docx/, SHA-256 1aae238c4ff9ca7bf279cda110a23075050fc9e9a9917ce145e40e2d81a3c0a8.

Full text

Case 24-11217-BLS Doc 243-1 Filed 07/10/24 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: 7/24/24 at 4:00 p.m. (ET)
Hrg. Date: 7/31/24 at 2:00 p.m. (ET)
)
) Related to Docket Nos. 217, 242

NOTICE OF 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

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 10, 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 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 “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 24, 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 243-1 Filed 07/10/24 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 10, 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

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