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Vyaire - Notice of Filing First Amended Assumed Contracts List Zoll Sale

Date
2024-09-04

Summary

A notice filed by the debtors on October 9, 2024 as Doc 614 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. It gives notice of a first amended assumed contracts exhibit in connection with the Zoll Asset Purchase Agreement. The notice recites that the court entered the Zoll Sale Order on September 4, 2024 [Docket No. 496] and that the debtors filed the original Assumed Contracts List on October 4, 2024 [Docket No. 605]. Exhibit A is the Amended Assumed Contracts List, which replaces and supersedes Exhibit 2 to the Zoll Sale Order, and Exhibit B is a redline against the earlier list. The two-page notice is signed by Stacy L. Newman of Cole Schotz P.C. and carries the signature block of Kirkland & Ellis LLP, both co-counsel to the debtors.

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Full text

                  Case 24-11217-BLS              Doc 614       Filed 10/09/24         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)
                                                               )
                                                               )        Re: Docket Nos. 496 & 605

          NOTICE OF FILING OF FIRST AMENDED ASSUMED CONTRACTS
        EXHIBIT IN CONNECTION WITH ZOLL ASSET PURCHASE AGREEMENT

        PLEASE TAKE NOTICE that on September 4, 2024, the United States Bankruptcy Court
for the District of Delaware entered the Order (A) Approving the Zoll Asset Purchase Agreement
and Authorizing the Sale of Certain Ventilation Assets of the Debtors Outside the Ordinary Course
of Business, (II) Authorizing the Sale of Assets Free and Clear of All Liens, Claims, Interests, and
Encumbrances, (III) Authorizing the Assumption and Assignment of Executory Contracts and
Unexpired Leases in Connection Therewith, and (IV) Granting Related Relief [Docket No. 496]
(the “Zoll Sale Order”).

       PLEASE TAKE FURTHER NOTICE that, on October 4, 2024, the debtors filed the
Notice of Filing Assumed Contracts Exhibit in Connection With Zoll Asset Purchase Agreement
[Docket No. 605] (the “Assumed Contracts List”).

       PLEASE TAKE FURTHER NOTICE that, attached hereto as Exhibit A is a first
amended assumed contracts list (the “Amended Assumed Contracts List”) which replaces and
supersedes Exhibit 2 to the Zoll Sale Order.

      PLEASE TAKE FURTHER NOTICE that, attached hereto as Exhibit B is a redline
comparing the Amended Assumed Contracts List to the Assumed Contracts List.

       PLEASE TAKE FURTHER NOTICE that you may obtain the Amended Assumed
Contracts List and additional information concerning the above-captioned chapter 11 cases at the
website maintained in these chapter 11 cases at https://omniagentsolutions.com/Vyaire.

                                [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’ 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 614    Filed 10/09/24     Page 2 of 2



Dated: October 9, 2024
Wilmington, Delaware

 /s/ Stacy L. Newman
 COLE SCHOTZ P.C.                                            KIRKLAND & ELLIS LLP
 Stacy L. Newman (No. 5044)                                  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:          snewman@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




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