Second Notice of Extension of Certain Key Dates and Deadlines (Vyaire Medical, Doc 311)

Summary

The Debtors file a Second Notice of Extension of Certain Key Dates and Deadlines (Doc 311, filed 07/24/24, Case No. 24-11217 (BLS)), following the first Notice of Extension [Docket No. 263]. The notice extends the deadline for a contract counterparty objecting to a proposed cure amount or assumption and assignment to twenty-one (21) days after service of the applicable notice of potential assignment. It also extends the deadline for general objections to the Sale Transaction to August 2, 2024. The Debtors reserve all rights to adjourn or further adjourn any key dates and deadlines. The notice is dated July 24, 2024, and carries /s/ Patrick J. Reilley.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Debtors.
)
)
(Jointly Administered)
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
)
)
VYAIRE MEDICAL, INC., et al.,1
Re: Docket Nos.  16, 249, & 263
SECOND 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, and
following the first Notice of Extension of Certain Key Dates and Deadlines [Docket No. 263],
the Debtors hereby file a second notice of extension of certain key dates and deadlines.
PLEASE TAKE FURTHER NOTICE that, in accordance with the Order, the Debtors
hereby provide notice of an extension of the deadline by which a contract counterparty objecting
to a proposed cure amount or assumption and assignment on any basis (except objections solely
related to adequate assurance of future performance by Successful Bidder) must file and serve
such objection to twenty-one (21) days after the service of the applicable notice of potential
assignment.
)
In re:
Case No. 24-11217 (BLS)
)
)
Chapter 11
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 311    Filed 07/24/24    Page 1 of 3

PLEASE TAKE FURTHER NOTICE that, in accordance with the Order, the Debtors
hereby provide notice of an extension of the deadline by which any general objections to the Sale
Transaction must be filed and served to August 2, 2024, at 4:00 p.m. (prevailing Eastern
Time).
PLEASE TAKE FURTHER NOTICE that the Debtors reserve all rights to adjourn (or
further adjourn) any key dates and deadlines.
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.
2
Case 24-11217-BLS    Doc 311    Filed 07/24/24    Page 2 of 3

Wilmington, Delaware 19801
Michael D. Sirota, Esq. (admitted pro hac vice)
Spencer A. Winters, P.C. (admitted pro hac vice)
601 Lexington Ave
Warren A. Usatine, Esq (admitted pro hac vice)
Yusuf U. Salloum (admitted pro hac vice)
Telephone:
(302) 652-3131
Court Plaza North, 25 Main Street
333 West Wolf Point Plaza
New York, New York 10022
Hackensack, New Jersey 07601
Chicago, Illinois 60654
COLE SCHOTZ P.C.
Facsimile:
(302) 652-3117
Telephone:
(201) 489-3000
Telephone:
(312) 862-2000
Telephone:
(212) 446-4800
Facsimile:
(201) 489-1536
Facsimile:
(312) 862-2200
KIRKLAND & ELLIS LLP
Email:
preilley@coleschotz.com
Email:
msirota@coleschotz.com
Email:
spencer.winters@kirkland.com
Facsimile:
(212) 446-4900
wusatine@coleschotz.com
yusuf.salloum@kirkland.com
Patrick J. Reilley, Esq. (DE Bar No. 4451)
Email:
joshua.sussberg@kirkland.com
KIRKLAND & ELLIS INTERNATIONAL LLP
Proposed Co-Counsel to the Debtors
Proposed Co-Counsel to the Debtors
and Debtors in Possession
and Debtors in Possession
500 Delaware Avenue, Suite 1410
- and -
Dated: July 24, 2024
- and -
Joshua A. Sussberg, P.C. (admitted pro hac vice)
Wilmington, Delaware
/s/ Patrick J. Reilley
Case 24-11217-BLS    Doc 311    Filed 07/24/24    Page 3 of 3

File and source

File

gov.uscourts.deb.193283.311.0.pdf

Size

133,605 bytes

SHA-256

9e412e08f9059a53bcbf0a21b43f7af81d3d58ed4b8437a8f4c2a6c9089a9472

Our copy

gov.uscourts.deb.193283.311.0.pdf

Original

PACER (login required)