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Notice of Application — Retention of AP Services, LLC and Designation of Charles Braley (Vyaire Medical)

Summary

This notice states that on July 9, 2024, the Debtors in the Vyaire Medical, Inc. chapter 11 cases filed an application for entry of an order authorizing the retention of AP Services, LLC and the designation of Charles Braley as Chief Restructuring Officer effective as of the Petition Date. A hearing on the application is scheduled for July 31, 2024, at 2:00 p.m. (ET) before the Honorable Brendan L. Shannon, United States Bankruptcy Judge. Objections must be filed on or before July 23, 2024, at 4:00 p.m. (ET), and the notice states that the Court may grant the relief requested without further notice or hearing if no response is filed on time. The notice is dated July 9, 2024, and signed /s/ Patrick J. Reilley.

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Date
2024-07-31

Cite this document

“Notice of Application — Retention of AP Services, LLC and Designation of Charles Braley (Vyaire Medical).” Original at ecf.deb.uscourts.gov, dated 2024-07-31. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-07-31-microsoft-word-vyaire-ap-notice-48074699-1-docx/, SHA-256 c0aeb3abfb5a84bf1136ce4e01c82c10a9817c4d74ccd1e9377cc0c7e1b05fef.

Full text

                 Case 24-11217-BLS             Doc 241-1         Filed 07/09/24        Page 1 of 2




                         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)
                                                           )
                                                           )    Hearing Date: July 31, 2024, at 2:00 p.m. (ET)
                                                           )    Objection Deadline: July 23, 2024, at 4:00 p.m. (ET)

            NOTICE OF DEBTORS’ APPLICATION FOR ENTRY OF
      AN ORDER AUTHORIZING THE (I) RETENTION OF AP SERVICES, LLC,
(II) DESIGNATION OF CHARLES BRALEY AS CHIEF RESTRUCTURING OFFICER
EFFECTIVE AS OF THE PETITION DATE, AND (III) GRANTING RELATED RELIEF

        PLEASE TAKE NOTICE that on July 9, 2024, the above-captioned debtors and debtors
in possession (collectively, the “Debtors”), by and through their undersigned proposed counsel,
filed with the United States Bankruptcy Court for the District of Delaware (the “Court”) the
Debtors’ Application for Entry of an Order Authorizing the (I) Retention of AP Services, LLC, (II)
Designation of Charles Braley as Chief Restructuring Officer Effective as of the Petition Date,
and (III) Granting Related Relief (the “Application”), a copy of which is annexed to this Notice.

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

       PLEASE TAKE FURTHER NOTICE that objections, if any, to the entry of an order
granting the relief sought in the Application must be filed on or before July 23, 2024, at 4:00 p.m.
(ET) (the “Objection Deadline”) with the Court, 824 N. Market Street, 3rd Floor, Wilmington,
Delaware 19801. At the same time, you must serve a copy of the response or objection upon the
undersigned proposed counsel to the Debtors so as to be received on or before the Objection
Deadline.

                                [Remainder of Page Intentionally Left Blank]



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.
                       Case 24-11217-BLS           Doc 241-1     Filed 07/09/24     Page 2 of 2




                PLEASE TAKE FURTHER NOTICE THAT IF YOU FAIL TO PROPERLY FILE
           AND SERVE A RESPONSE ON OR BEFORE THE OBJECTION DEADLINE, THE
           COURT MAY GRANT THE RELIEF REQUESTED IN THE APPLICATION WITHOUT
           FURTHER NOTICE OR HEARING.

Dated: July 9, 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)
 Warren A. Usatine, Esq (admitted pro hac vice)               Spencer A. Winters, P.C. (admitted pro hac vice)
 Court Plaza North, 25 Main Street                            Yusuf U. Salloum (admitted pro hac vice)
 Hackensack, New Jersey 07601                                 333 West Wolf Point Plaza
 Telephone:     (201) 489-3000                                Chicago, Illinois 60654
 Facsimile:     (201) 489-1536                                Telephone:      (312) 862-2000
 Email:         msirota@coleschotz.com                        Facsimile:      (312) 862-2200
                wusatine@coleschotz.com                       Email:          spencer.winters@kirkland.com
                                                                              yusuf.salloum@kirkland.com


 Proposed Delaware Co-Counsel to the Debtors                  Proposed Co-Counsel to the Debtors
 and Debtors in Possession                                    and Debtors in Possession




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