Proposed Order Extending Time to Assume or Reject Unexpired Leases — In re Vyaire Medical (Bankr. D. Del.)
- Date
- 2024-09-11
Summary
Doc 522-2, Exhibit A, a proposed order filed September 11, 2024 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 unsigned four-page order would grant the debtors' motion to extend the time within which they must assume or reject unexpired leases of nonresidential real property under section 365(d)(4) of the Bankruptcy Code. The motion, as the order recites, sought an extension to January 6, 2025, without prejudice to further extensions. The order also states that it is not an admission as to any claim or lien, makes its terms immediately effective notwithstanding Bankruptcy Rule 6004(h), and retains the court's jurisdiction over its implementation.
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Case 24-11217-BLS Doc 522-2 Filed 09/11/24 Page 1 of 4
Exhibit A
Proposed Order
Case 24-11217-BLS Doc 522-2 Filed 09/11/24 Page 2 of 4
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 TIME
WITHIN WHICH THE DEBTORS MUST ASSUME OR
REJECT UNEXPIRED LEASES OF NONRESIDENTIAL
REAL PROPERTY 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 deadline by which
the Debtors must assume or reject unexpired leases of nonresidential real property to January 6, 2025,
without prejudice to the Debtors’ right to seek further extensions; and (b) granting related relief, all
as set forth more fully 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 this 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 this Court having found
that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C. §§ 1408
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 defined herein have the meanings given to such terms in the Motion.
Case 24-11217-BLS Doc 522-2 Filed 09/11/24 Page 3 of 4
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. The time period within which the Debtors must reject Unexpired Leases pursuant
to section 365(d)(4) of the Bankruptcy Code is extended through and including January 6, 2024.
3. This Order is without prejudice to the right of the Debtors to request additional
extensions of time to assume or reject the Unexpired Leases consistent with section 365(d)(4) of
the Bankruptcy Code.
4. Nothing contained in the Motion or this Order, and no action taken pursuant to the
relief requested or granted (including any payment made in accordance with this Order), is intended
as or shall be construed or deemed to be: (a) an admission as to the amount, validity or priority of,
or basis for any claim against the Debtors under the Bankruptcy Code or other applicable
nonbankruptcy law; (b) a waiver of the Debtors’ or any other party in interest’s right to dispute any
claim on any grounds; (c) a promise or requirement to pay any particular claim; (d) an implication,
admission or finding that any particular claim is an administrative expense claim, other priority
claim or otherwise of a type specified or defined in the Motion or this Order; (e) a request or
2
Case 24-11217-BLS Doc 522-2 Filed 09/11/24 Page 4 of 4
authorization to assume, adopt or reject any agreement, contract or lease pursuant to section 365
of the Bankruptcy Code; (f) an admission as to the validity, priority, enforceability or perfection
of any lien on, security interest in or other encumbrance on property of the Debtors’ estates; or (g)
a waiver or limitation of any claims, causes of action or other rights of the Debtors or any other
party in interest against any person or entity under the Bankruptcy Code or any other applicable
law.
5. Notice of the Motion as provided therein shall be deemed good and sufficient notice
of such Motion and the requirements of Bankruptcy Rule 6004(a) and the Local Rules are satisfied
by such notice.
6. Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this Order
are immediately effective and enforceable upon its entry.
7. The Debtors are authorized to take all actions necessary to effectuate the relief
granted in this Order in accordance with the Motion.
8. This Court retains jurisdiction with respect to all matters arising from or related to
the implementation, interpretation and enforcement of this Order.
3
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