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Vyaire - Notice of Filing Revised DS Motion Proposed Order

Date
2024-09-11

Summary

A Notice of Filing Revised Order filed September 30, 2024 as Doc 585 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. The notice states that on September 11, 2024 the Debtors filed a motion at Docket No. 520 seeking approval of the adequacy of the disclosure statement, a combined disclosure statement approval and plan confirmation hearing, solicitation and notice procedures, and the combined hearing notice. It states that a hearing on the motion is scheduled for October 2, 2024, at 1:30 p.m. (prevailing Eastern Time). It attaches a revised proposed order as Exhibit 1 and a redline against the original proposed order as Exhibit 2. The two-page notice is signed by Patrick J. Reilley of Cole Schotz P.C., co-counsel to the Debtors with Kirkland & Ellis LLP.

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Full text

                   Case 24-11217-BLS             Doc 585       Filed 09/30/24         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 No. 520

                           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

             PLEASE TAKE NOTICE that, on September 11, 2024, Vyaire Medical, Inc. and certain

of its affiliates, the debtors and debtors in possession in the above-captioned cases (collectively,

the “Debtors”) filed 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 Approval and Plan Confirmation Hearing, (III) Approving the Solicitation and Notice

Procedures, (IV) Approving the Combined Hearing Notice, and (V) Granting Related Relief

[Docket No. 520] (the “Motion”) was filed with the United States Bankruptcy Court for the District

of Delaware (the “Court”). Attached thereto as Exhibit A was a proposed form of order granting

the relief requested in the Motion (the “Proposed Order”).




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 585     Filed 09/30/24     Page 2 of 2




                  PLEASE TAKE FURTHER NOTICE that a hearing to consider the Motion and entry

           of the Proposed Order is scheduled for October 2, 2024, at 1:30 p.m. (prevailing Eastern Time)

           (the “Hearing”).

                  PLEASE TAKE FURTHER NOTICE that attached hereto as Exhibit 1 is a revised

           Proposed Order (the “Revised Proposed Order”).

                  PLEASE TAKE FURTHER NOTICE that a redline comparing the Revised Proposed

           Order against the Proposed Order is attached hereto as Exhibit 2.

                  PLEASE TAKE FURTHER NOTICE that the Debtors intend to present the Revised

           Proposed Order at the Hearing.


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
 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




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