PLEASE TAKE NOTICE that, on July 11, 202 4, the Court entered the Order
- Date
- 2024-08-12
Summary
The Third Notice of Extension of Certain Key Dates and Deadlines, filed August 7, 2024 as Doc 353 in In re: Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware. The debtors file it under the July 11, 2024 bidding procedures order [Docket No. 249], following the first and second extension notices. It states that the debtors intend to hold a virtual auction on August 12, 2024 and will seek approval of the sale at a hearing on August 19, 2024 before Judge Brendan L. Shannon. A table restates the adjourned deadlines, including the post-auction objection deadline of August 13, 2024 and the sale transaction reply deadline of August 15, 2024. The three-page notice is signed by Cole Schotz P.C. and Kirkland & Ellis LLP as co-counsel to the debtors.
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Case 24-11217-BLS Doc 353 Filed 08/07/24 Page 1 of 3
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)
)
) Re: Docket Nos. 16, 249, 255, 263, and 311
THIRD 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] and the Second
Notice of Extension of Certain Key Dates and Deadlines [Docket No. 311], the Debtors hereby
file a third notice of extension of certain key dates and deadlines.
PLEASE TAKE FURTHER NOTICE that, in accordance with the terms of the Order,
the Debtors intend to conduct an auction on Monday, August 12, 2024, at 10:00 a.m. (prevailing
Eastern Time) virtually through an online platform.
PLEASE TAKE FURTHER NOTICE that the Debtors will seek approval of the Sale at
a hearing scheduled to commence on Monday, August 19, 2024, at 11:00 a.m. (prevailing
Eastern Time) before the Honorable Judge Brendan L. Shannon, United States Bankruptcy Judge
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 353 Filed 08/07/24 Page 2 of 3
for the Bankruptcy Court for the District of Delaware, 824 North Market Street, 3rd Floor,
Courtroom No. 1, Wilmington, Delaware 19801.
PLEASE TAKE FURTHER NOTICE that certain other key dates and deadlines have
been adjourned and are restated as follows. For the avoidance of doubt, the Debtors reserve all
rights to adjourn (or further adjourn) any key dates and deadlines in accordance with the terms of
the Order.
Deadline Item
August 12, 2024, at 10:00 a.m. (prevailing
Auction Date
Eastern Time)
August 12, 2024 (or as soon as reasonably
Deadline to file Successful Bidder Notice
practicable thereafter)
August 13, 2024, at 4:00 p.m. (prevailing
Post-Auction Objection Deadline
Eastern Time)
August 14, 2024, at 4:00 p.m. (prevailing
Adequate Assurance Objection Deadline
Eastern Time)
August 15, 2024, at 4:00 p.m. (prevailing
Sale Transaction Reply Deadline
Eastern Time)
August 19, 2024, at 11:00 a.m. (prevailing
Sale Hearing
Eastern Time)
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 353 Filed 08/07/24 Page 3 of 3
Dated: August 7, 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) Spencer A. Winters, P.C. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice) Yusuf U. Salloum (admitted pro hac vice)
Court Plaza North, 25 Main Street 333 West Wolf Point Plaza
Hackensack, New Jersey 07601 Chicago, Illinois 60654
Telephone: (201) 489-3000 Telephone: (312) 862-2000
Facsimile: (201) 489-1536 Facsimile: (312) 862-2200
Email: msirota@coleschotz.com Email: spencer.winters@kirkland.com
wusatine@coleschotz.com yusuf.salloum@kirkland.com
Co-Counsel to the Debtors Co-Counsel to the Debtors
and Debtors in Possession and Debtors in Possession
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