Exhibit A, Proposed Order — In re Vyaire Medical (Case 24-11217-BLS, Doc 521-2)
Summary
Exhibit A, a Proposed Order, to the Debtors' motion in the Vyaire Medical, Inc. chapter 11 case, Case No. 24-11217 (BLS). The proposed order is titled as 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. It provides that the Motion is granted, that the Filing Exclusivity Period is extended through and including January 6, 2025, and that the Solicitation Exclusivity Period is extended through and including March 6, 2025. It also states that nothing in it prejudices the Debtors' rights to seek further extensions.
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
- Date
- 2024-09-11
Cite this document
“Exhibit A, Proposed Order — In re Vyaire Medical (Case 24-11217-BLS, Doc 521-2).”
Original at ecf.deb.uscourts.gov, dated 2024-09-11. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-09-11-microsoft-word-vyaire-motion-to-extend-exclusivity-48337533-3-docx/
, SHA-256 d174c95b4c7cd4400660f6910a531d22d5aa27be2a4a91bf53e46370dc0b8783.Full text
Case 24-11217-BLS Doc 521-2 Filed 09/11/24 Page 1 of 3
Exhibit A
Proposed Order
Case 24-11217-BLS Doc 521-2 Filed 09/11/24 Page 2 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 No. [●]
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
Upon the motion (the “Motion”)2 of the above-captioned debtors and debtors in possession
(collectively, the “Debtors”) for entry of an order (this “Order”), (a) extending the Debtors’ Filing
Exclusivity Period through and including January 6, 2025, and the Debtors’ Solicitation
Exclusivity Period through and including March 6, 2025, without prejudice to the Debtors’ right
to seek further extensions to each of the Exclusivity Periods, and (b) granting related relief, all as
more fully set forth in the Motion; and the United States District Court for the District of Delaware
has jurisdiction over this matter pursuant to 28 U.S.C. § 1334, which was referred to the Court
under 28 U.S.C. § 157 and the Amended Standing Order of Reference from the United States
District Court for the District of Delaware, dated February 29, 2012; and this Court having found
that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having found that
this Court may enter a final order consistent with Article III of the United States Constitution; and
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 otherwise defined herein have the meanings given to such terms in the Motion.
Case 24-11217-BLS Doc 521-2 Filed 09/11/24 Page 3 of 3
this Court having found that venue of this proceeding and the Motion in this district is proper
pursuant to 28 U.S.C. §§ 1408 and 1409; and this Court having found that the relief requested in
the Motion is in the best interests of the Debtors’ estates, their creditors and other parties in interest;
and this Court having found that the Debtors’ notice of the Motion and opportunity for a hearing
on the Motion were appropriate under the circumstances and no other notice need be provided;
and this Court having reviewed the Motion and having heard the statements in support of the relief
requested therein at a hearing before this Court (the “Hearing”); and this Court having determined
that the legal and factual bases set forth in the Motion and at the Hearing establish just cause for
the relief granted herein; and upon all of the proceedings had before this Court; and after due
deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT:
1. The Motion is granted as set forth herein.
2. Pursuant to section 1121(d) of the Bankruptcy Code, the Filing Exclusivity Period
pursuant to section 1121(b) of the Bankruptcy Code is hereby extended through and including
January 6, 2025.
3. Pursuant to section 1121(d) of the Bankruptcy Code, the Solicitation Exclusivity
Period pursuant to section 1121(c) of the Bankruptcy Code is hereby extended through and
including March 6, 2025.
4. Nothing herein shall prejudice the Debtors’ rights to seek further extensions of each
of the Exclusivity Periods consistent with section 1121(d) of the Bankruptcy Code.
5. The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Order in accordance with the Motion.
6. This Court retains jurisdiction with respect to all matters arising from or related to
the implementation, interpretation, and enforcement of this Order.
2
File and source
- File
- gov.uscourts.deb.193283.521.2.pdf
- Size
- 81,349 bytes
- SHA-256
- d174c95b4c7cd4400660f6910a531d22d5aa27be2a4a91bf53e46370dc0b8783
- Original
- PACER (login required)