Declaration of Disinterestedness of Linklaters LLP (Vyaire Medical, Doc 359)

Summary

Ralph Drebes, a partner of Linklaters LLP, declares under penalty of perjury in a Declaration of Disinterestedness (Doc 359, filed 08/08/24, Case No. 24-11217 (BLS)) that the Debtors requested the Firm provide legal services in relation to an M&A process regarding disposal of the Debtors' consumables business and a post-M&A litigation in another process. The declaration states that the Debtors owe the Firm EUR 370,344.63 for prepetition services. It states that neither the declarant nor any principal, partner, director, or officer of the Firm, insofar as the declarant has been able to ascertain, holds or represents any interest adverse to the Debtors or their estates. The Firm is conducting further inquiries regarding its retention by any creditors of the Debtors.

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Full text

VYAIRE MEDICAL, INC., et al.,1
)
In re:
)
)
(Jointly Administered)
Debtors.
)
)
IN THE UNITED STATES BANKRUPTCY
COURT FOR THE DISTRICT OF DELAWARE
)
Chapter 11
)
Case No. 24-11217 (BLS)
Re:  Docket No. 225
DECLARATION OF DISINTERESTEDNESS OF
LINKLATERS LLP PURSUANT TO THE ORDER
AUTHORIZING THE DEBTORS TO RETAIN AND COMPENSATE
PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS
I, Ralph Drebes, declare under penalty of perjury:
1.
I am a partner of Linklaters LLP, located at Taunusanlage 8, 60329, Frankfurt am
Main, Germany (the “Firm”).
2.
Vyaire Medical, Inc. and certain of its affiliates, as debtors and debtors in
possession (collectively, the “Debtors”), have requested that the Firm provide legal services to
the Debtors in relation to (i) an M&A process regarding disposal by the Debtors of their
consumables business and (ii) a post-M&A litigation in another process, and the Firm has
consented to provide such services.
3.
The Firm may have performed services in the past, may currently perform
services, and may perform services in the future in matters unrelated to these chapter 11 cases for
persons that are parties in interest in the Debtors’ chapter 11 cases.  The Firm does not, however,
perform services for any such person relating to these chapter 11 cases, or have any relationship
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.
Case 24-11217-BLS    Doc 359    Filed 08/08/24    Page 1 of 3

with any such person, their attorneys, or their accountants that would be adverse to the Debtors
or their estates.
4.
As part of its customary practice, the Firm is retained in cases, proceedings, and
transactions involving many different parties, some of whom may represent or be employed by
the Debtors, claimants, and parties in interest in these chapter 11 cases.
5.
Neither I nor any principal, partner, director, or officer of, or professional
employed by, the Firm has agreed to share or will share any portion of the compensation to be
received from the Debtors with any other person other than the principal and regular employees
of the Firm.
6.
Neither I nor any principal, partner, director, or officer of, or professional
employed by, the Firm, insofar as I have been able to ascertain, holds or represents any interest
adverse to the Debtors or their estates with respect to the matter(s) upon which the Firm is to be
employed.
7.
The Debtors owe the Firm EUR 370,344.63 for prepetition services, the payment
of which is subject to the limitations contained in title 11 of the United States Code, 11 U.S.C.
§§ 101–1532.
8.
As of the Petition Date, which was the date on which the Debtors commenced
these chapter 11 cases, the Firm was retained to provide professional services to the Debtors.
9.
As of the Petition Date, which was the date on which the Debtors commenced
these chapter 11 cases, the Firm was not party to an agreement for indemnification with certain
of the Debtors.
10.
The Firm is conducting further inquiries regarding its retention by any creditors of
the Debtors, and upon conclusion of that inquiry, or at any time during the period of its
2
Case 24-11217-BLS    Doc 359    Filed 08/08/24    Page 2 of 3

3
Ralph Drebes
employment, if the Firm should discover any facts bearing on the matters described herein, the
Firm will supplement the information contained in this Declaration.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct.
Date: August 8, 2024
/s/ Ralph Drebes
Case 24-11217-BLS    Doc 359    Filed 08/08/24    Page 3 of 3

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