Notice of Second Amended Agenda for August 19, 2024 Hearing — In re Vyaire Medical, Inc. (Bankr. D. Del.)

Summary

A Notice of Second Amended Agenda of Matters Scheduled for Hearing on August 19, 2024, before the Honorable Brendan L. Shannon in the U.S. Bankruptcy Court for the District of Delaware, in Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), filed August 16, 2024 as Doc 393. A heading states that at the direction of the Court the hearing has been adjourned to August 26, 2024. The one matter going forward is the Debtors' motion for an order approving bidding procedures for the sale of substantially all of the Debtors' assets (filed June 10, 2024, Docket No. 16). The agenda lists related documents and the responses received, including objections from Cigna, Oracle and The Chubb Companies.

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

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)
)
NOTICE OF SECOND AMENDED2 AGENDA OF MATTERS SCHEDULED
FOR HEARING ON AUGUST 19, 2024, AT 11:00 A.M. (PREVAILING
EASTERN TIME) BEFORE THE HONORABLE BRENDAN L. SHANNON
AT THE DIRECTION OF THE COURT, THIS HEARING HAS
BEEN ADJOURNED TO AUGUST 26, 2024, AT 10:00 A.M.
MATTER GOING FORWARD
1. Motion of Debtors for Entry of an 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,
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
Amendments appear in bold.
This proceeding will be conducted in person.
The hearing will be held on the 6th Floor in Courtroom No. 1.
Please refer to Judge Shannon’s Chambers Procedures
(https://www.deb.uscourts.gov/content/judge-brendan-l-shannon) and the Court’s website
(http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed
participation (video or audio), Judge Shannon’s expectations of remote participants, and the
advance registration requirements.  Registration is required by one-hour prior to the hearing
unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
Case 24-11217-BLS    Doc 393    Filed 08/16/24    Page 1 of 5

2
(VI) Approving the Sale of The Debtors’ Assets Free and Clear, and (VII) Granting Related
Relief (Filed June 10, 2024) [Docket No. 16]
Related Document(s):
(a)
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 (Entered July 11, 2024) [Docket No. 249]
(b)
Notice of Bidding Procedures, Auction, and Sale Hearing
(Filed July 11, 2024) [Docket No. 255]
(c)
First Notice to Contract Parties of Potentially Assumed and Assigned
Executory Contracts and Unexpired Leases (Filed July 11, 2024)
[Docket No. 256]
(d)
Notice of Extension of Certain Key Dates and Deadlines
(Filed July 17, 2024) [Docket No. 263]
(e)
Second Notice of Extension of Certain Key Dates and Deadlines
(Filed July 24, 2024) [Docket No. 311]
(f)
Third Notice of Extension of Certain Key Dates and Deadlines
(Filed August 7, 2024) [Docket No. 353]
(g)
Notice
of
Auction
for
the
Sale
of
the
Debtors’
Assets
(Filed August 9, 2024) [Docket No. 371]
(h)
Notice of (I) Successful Bidder for the Sale of Certain of the Debtors’
Ventilation Assets, (II) Proposed Purchase Agreement in Connection
Therewith, and (III) Proposed Sale Order in Connection Therewith
(Filed August 15, 2024) [Docket No. 388]
Response(s) Received:
(a)
Limited Objection and Reservation of Rights of Kuehne + Nagel Inc. to
of Motion of Debtors for Entry of an 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’
Case 24-11217-BLS    Doc 393    Filed 08/16/24    Page 2 of 5

3
Assets Free and Clear, and (VII) Granting Related Relief
(Filed July 2, 2024) [Docket No. 133]
(b)
Objection of The Chubb Companies to (1) First Notice to Contract
Parties of Potentially Assumed and Assigned Executory Contracts and
Unexpired Leases and (2) Motion of Debtors for Entry of an 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 (Filed July 18, 2024) [Docket No. 264]
(c)
Limited Objection to First Notice to Contract Parties of Potentially
Assumed and Assigned Executory Contracts and Unexpired Leases
filed by Data-Modul, Inc. (Filed July 23, 2024) [Docket No. 299]
(d)
Objection of Cigna to First Notice to Contract Parties of Potentially
Assumed and Assigned Executory Contracts and Unexpired Leases
(Filed July 23, 2024) [Docket No. 301]
(e)
Objection of Airgas Therapeutics, LLC to Debtors' First Notice to
Contract Parties of Potentially Assumed and Assigned Executory
Contracts and Unexpired Leases (Filed July 24, 2024) [Docket No. 305]
(f)
Limited Objection of Greatbatch Medical to Notice to Contract Parties
of Potentially Assumed and Assigned Executory Contracts and
Unexpired Leases and Procedures for the Assumption and Assignment
of its Contract (Filed July 24, 2024) [Docket No. 307]
(g)
Objection of Dell-Mettawa, LLC to First Notice to Contract Parties of
Potentially Assumed and Assigned Executory Contracts and Unexpired
Leases (Filed July 24, 2024) [Docket No. 309]
(h)
Limited Objection of Ewald Fleet Solutions LLC to First Notice to
Contract Parties of Potentially Assumed and Assigned Executory
Contracts and Unexpired Leases (Filed July 24, 2024) [Docket No. 310]
(i)
Objection of Spectrum Plastics Group to the Debtors’ First Notice to
Contract Parties of Potentially Assumed and Assigned Executory
Contracts and Unexpired Leases (Filed July 25, 2024) [Docket No. 313]
(j)
Oracle’s Limited Objection to and Reservation of Rights Regarding
(A) Debtors’ Sale Motion and (B) Debtors’ First Notice to Contract
Parties of Potentially Assumed and Assigned Executory Contracts and
Unexpired Leases (Filed July 25, 2024) [Docket No. 314]
Case 24-11217-BLS    Doc 393    Filed 08/16/24    Page 3 of 5

4
(k)
Objection of Kuehne + Nagel Inc. to Debtors’ First Notice to Contract
Parties of Potentially Assumed and Assigned Executory Contracts and
Unexpired Leases (Filed July 25, 2024) [Docket No. 315] and Notice of
Filing Exhibit (Filed July 25, 2024) [Docket No. 318]
(l)
Limited Objection and Reservation of Rights of Fischer USA, Inc. to
Vyaire Medical, Inc.'s First and Second Notice to Contract Parties of
Potentially Assumed and Assigned Executory Contracts and Unexpired
Leases (Filed August 1, 2024) [Docket No. 342]
(m)
Objection and Reservation of Rights of Kilmainham Vyaire, LLC to
Proposed Cure Amounts (Filed August 1, 2024) [Docket No. 345]
(n)
Objection of Quad DBC Holdings LLC to First Notice to Contract
Parties of Potentially Assumed and Assigned Executory Contracts and
Unexpired Leases (Filed August 1, 2024) [Docket No. 346]
(o)
Limited Objection and Reservation of Rights of Covington & Burling
LLP and Reed Smith LLP to the Proposed Sale Transaction Filed by
Reed Smith LLP, Covington & Burling LLP (Filed August 2, 2024)
[Docket No. 348]
(p)
Limited Objection and Reservation of Rights of Fischer USA,
Inc. to Debtors' Motion for Entry of an 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
(Filed August 13, 2024) [Docket No. 376]
(q)
Hartford Fire Insurance Company and Hartford Insurance Company of
the Midwests’ Reservation of Rights and Limited Objection to the
Debtors’ Successful Bidder Notice to be Filed Pursuant to the Debtors
Motion for Entry of an 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 or
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 (Filed August 13, 2024)
[Docket No. 379]
Case 24-11217-BLS    Doc 393    Filed 08/16/24    Page 4 of 5

5
(r)
Informal comments from Salesforce, Vestis Services, LLC f/k/a
Aramark Uniform & Career Apparel LLC, Teledyne Marine/Teledyne
Cable Solutions, Zensar Technologies Inc., Amazon Web Services,
ProSymmetry, LLC, CEVA, SunMed, Jabil Inc., Cognizant Technology
Solutions, WorkDay, Concur Technologies, Sarasota Memorial
Hospital, Zensar Technologies, Integer, Merchants Automotive Group,
Inc. d/b/a Merchants Fleet, and Global Healthcare Exchange.
(s)
Declaration of Frances Thompson In Support of Hartford Fire Insurance
Company's and Hartford Insurance Company of the Midwest's
Reservation of Rights and Limited Objection to the Debtors' Successful
Bidder Notice (Among Other Relief) (Filed August 15, 2024) [Docket
No. 390]
Status:
This matter is going forward.  All cure objections will be continued to a
hearing at a date to be determined.
Dated: August 16, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
KIRKLAND & ELLIS LLP
Patrick J. Reilley, Esq. (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
Co-Counsel to the Debtors
Co-Counsel to the Debtors
and Debtors in Possession
and Debtors in Possession
Case 24-11217-BLS    Doc 393    Filed 08/16/24    Page 5 of 5

File and source

File

gov.uscourts.deb.193283.393.0.pdf

Size

83,302 bytes

SHA-256

49971f4957aaf594c701b22c76f1c970a6415b2320f067449c366b9006aeafdb

Our copy

gov.uscourts.deb.193283.393.0.pdf

Original

PACER (login required)