VYR - Notice of Agenda - October 2 2024 Hearing (2024-09-04, 1)

Summary

A Notice of Agenda of Matters Scheduled for Hearing on October 2, 2024, before the Honorable Brendan L. Shannon, filed as Doc 586 in Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware and dated September 30, 2024. Under Resolved Matters it lists the Debtors' motions to enlarge the removal period [Docket No. 495], to extend exclusive periods [Docket No. 521] and to extend the time to assume or reject unexpired leases [Docket No. 522], each with an order entered. The matter going forward is the Debtors' motion on the adequacy of the Disclosure Statement and a combined hearing [Docket No. 520], with the objection of Cigna and a reservation of rights from the Official Committee of Unsecured Creditors listed.

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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 AGENDA OF MATTERS SCHEDULED
FOR HEARING ON OCTOBER 2, 2024, AT 1:30 P.M. (PREVAILING
EASTERN TIME) BEFORE THE HONORABLE BRENDAN L. SHANNON
This hearing 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 (available here) and the Court’s website
(https://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 4:00 p.m. (prevailing Eastern Time) the business day before the hearing
unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.
RESOLVED MATTERS
1.
Motion of Debtors for Entry of an Order (I) Enlarging the Period Within
Which the Debtors May Remove Actions and (II) Granting Related Relief
(Filed September 4, 2024) [Docket No. 495]
Related Document(s):
(a)
Order (I) Enlarging the Period Within Which the Debtors May Remove
Actions and (II) Granting Related Relief (Entered September 20, 2024)
[Docket No. 535]
Objection Deadline:  September 18, 2024, at 4:00 p.m. (prevailing Eastern Time)
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 586    Filed 09/30/24    Page 1 of 4

2
Response(s) Received:  None
Status:  The Court entered the order.  This matter will not be going forward.
2.
Motion of Debtors for Entry of an Order (I) Extending the Debtors’ Exclusive Periods
to File a Chapter 11 Plan and Solicit Acceptances Thereof Pursuant to Section 1121 of
the Bankruptcy Code and (II) Granting Related Relief (Filed September 11, 2024)
[Docket No. 521]
Related Document(s):
(a)
Order (I) Extending the Debtors’ Exclusive Periods to File a Chapter 11
Plan and Solicit Acceptances Thereof Pursuant to Section 1121 of the
Bankruptcy Code and (II) Granting Related Relief (Entered September
27, 2024) [Docket No. 576]
Objection Deadline:  September 25, 2024, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received:  None
Status:  The Court entered the order.  This matter will not be going forward.
3.
Motion of Debtors for Entry of an Order (I) Extending the Time Within Which the
Debtors Must Assume or Reject Unexpired Leases of Nonresidential Real Property and
(II) Granting Related Relief (Filed September 11, 2024) [Docket No. 522]
Related Document(s):
(a)
Order (I) Extending the Time Within Which the Debtors Must
Assume or Reject Unexpired Leases of Nonresidential Real Property
and (II) Granting Related Relief (Entered September 27, 2024)
[Docket No. 574]
Objection Deadline:  September 25, 2024, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received:  None
Status:
The Court entered the order.  This matter will not be going forward.
MATTER GOING FORWARD
4.
Motion of Debtors for Entry of an Order (I) Approving the Adequacy of the
Disclosure Statement on an Interim and Final Basis, (II) Scheduling a Combined
Disclosure Statement Approval and Plan Confirmation Hearing, (III) Approving the
Solicitation and Notice Procedures, (IV) Approving the Combined Hearing Notice, and
(V) Granting Related Relief (Filed September 11, 2024) [Docket No. 520]
Case 24-11217-BLS    Doc 586    Filed 09/30/24    Page 2 of 4

3
Related Document(s):
(a)
Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor Affiliates
(Filed September 11, 2024) [Docket No. 518]
(b)
Disclosure Statement for the Joint Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates (Filed September 11, 2024)
[Docket No. 519]
(c)
Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor Affiliates
(Filed September 30, 2024) [Docket No. 581]
(d)
Disclosure Statement for the Joint Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates (Filed September 30, 2024)
[Docket No. 582]
(e)
Notice of Filing Redline Version of Amended Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates (Filed September 30, 2024)
[Docket No. 583]
(f)
Notice of Filing Redline Version of Amended Disclosure Statement for
the Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor
Affiliates (Filed September 30, 2024) [Docket No. 584]
(g)
Notice of Filing Revised Order (I) Approving the Adequacy of the
Disclosure Statement on an Interim and Final Basis, (II) Scheduling a
Combined Disclosure Statement Approval and Plan Confirmation
Hearing, (III) Approving the Solicitation and Notice Procedures,
(IV) Approving the Combined Hearing Notice, and (V) Granting
Related Relief (Filed September 30, 2024) [Docket No. 485]
Objection Deadline:
September 25, 2024, at 4:00 p.m. (prevailing Eastern Time),
extended until September 27, 2024 for the Office of the United
States Trustee for the District of Delaware (the “U.S. Trustee”),
the
Official
Committee
of
Unsecured
Creditors
(the
“Committee”), Bank of America, N.A. (the “First Lien Agent”),
and the 1L Ad Hoc Group.
Response(s) Received:
(a)
Objection of Cigna to Disclosure Statement for the Joint Chapter 11
Plan of Vyaire Medical, Inc. and Its Debtor Affiliates (Filed September
24, 2024) [Docket No. 567]
(b)
Reservation of Rights Regarding the Motion of Debtors for Entry of
an Order (I) Approving the Adequacy of the Disclosure Statement on
an Interim and Final Basis; (II) Scheduling a Combined Disclosure
Statement and Plan Confirmation Hearing, (III) Approving the
Case 24-11217-BLS    Doc 586    Filed 09/30/24    Page 3 of 4

4
Solicitation and Notice Procedures, (IV) Approving the Combined
Hearing Notice, and (V) Granting Related Relief filed by the Official
Committee of Unsecured Creditors of Vyaire Medical, Inc., et al.
(Filed September 27, 2024) [Docket No. 578]
(c)
Informal comments from the U.S. Trustee, counsel to the Committee,
counsel to the First Lien Agent, and counsel to the 1L Ad Hoc Group
Status:  This matter is going forward.  The Debtors have resolved the objection received
from Cigna and informal comments received from the U.S. Trustee, counsel
to the First Lien Agent, and counsel to the 1L Ad Hoc Group.  The Debtors are
working to confirm all outstanding informal comments have been resolved.
Dated: September 30, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
KIRKLAND & ELLIS LLP
Patrick J. Reilley, Esq. (No. 4451)
KIRKLAND & ELLIS INTERNATIONAL LLP
Stacy L. Newman (No. 5044)
Joshua A. Sussberg, P.C. (admitted pro hac vice)
500 Delaware Avenue, Suite 1410
601 Lexington Ave
Wilmington, Delaware 19801
New York, New York 10022
Telephone:
(302) 652-3131
Telephone:
(212) 446-4800
Facsimile:
(302) 652-3117
Facsimile:
(212) 446-4900
Email:
preilley@coleschotz.com
Email:
joshua.sussberg@kirkland.com
snewman@coleschotz.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
Case 24-11217-BLS    Doc 586    Filed 09/30/24    Page 4 of 4

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