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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
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(Jointly Administered)
Debtors.
)
)
Re: Docket No. 225
DECLARATION OF
HOGAN LOVELLS US LLP PURSUANT TO THE ORDER
AUTHORIZING THE DEBTORS TO RETAIN AND COMPENSATE
PROFESSIONALS UTILIZED IN THE ORDINARY COURSE OF BUSINESS
I, Beth Peters, declare under penalty of perjury that the following is true to the best of my
knowledge, information and belief:
1.
I am a Partner at Hogan Lovells US LLP, with an office located at Columbia Square
555 13th Street NW, Washington, D.C. (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 related
to government regulatory advice to the Debtors as an ordinary course professional under section
327(e) of the Bankruptcy Code, 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 with any
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.
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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.
7.
The Debtors owe the Firm $50,411.50 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. The Firm has filed a proof of claim for such amount.
8.
The Firm was retained to provide legal services to the Debtors on July 17, 2018.
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.
In connection with the Firm’s proposed retention as an ordinary course
professional, the Firm conducted a limited, supplemental conflict check of the following parties-in-
interest that were included in a list provided to the Firm by the Debtors’ counsel: (i) the Debtors
and the Debtors’ affiliates, (ii) current and former employees and officers and their affiliations,
(iii) top unsecured creditors, (iv) material contract counterparties, (v) equity security holders, and
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(v) banks. The Firm found no connections to any of the parties-in-interest that preclude the Firm
from meeting the standard for retention of an ordinary course professional under section 327(e) of
the Bankruptcy Code. 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/ Beth Peters
Beth Peters
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