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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 NOVEMBER 14, 2024, AT 10:00 A.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.
MATTERS GOING FORWARD
1.
Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor Affiliates
(Filed September 11, 2024) [Docket No. 518]
Related Document(s):
(a)
Disclosure Statement for the Joint Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates (Filed September 11, 2024)
[Docket No. 519]
(b)
Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor
Affiliates (Filed September 30, 2024) [Docket No. 581]
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 727 Filed 11/12/24 Page 1 of 5
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(c)
Amended Disclosure Statement for the Joint Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates (Filed September 30, 2024)
[Docket No. 582]
(d)
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]
(e)
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]
(f)
Order (I) Approving the Adequacy of the Disclosure Statement on an
Interim 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 (Entered October 2,
2024) [Docket No. 596]
(g)
Notice of Hearing to Consider (I) the Adequacy of the Disclosure
Statement and (II) Confirmation of the Joint Chapter 11 Plan Filed by
the Debtors (Filed October 3, 2024) [Docket No. 601]
(h)
Plan Supplement (Filed October 28, 2024) [Docket No. 689]
(i)
Declaration of Paul H. Deutch Regarding the Solicitation and
Tabulation of Votes On, and Elections to Opt-In to the Third-Party
Release In, the Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its
Debtor Affiliates (Filed November 7, 2024) [Docket No. 712]
(j)
Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its
Debtor Affiliates (Filed November 11, 2024) [Docket No. 719]
(k)
Notice of Filing of First Amended Plan Supplement (Filed November
11, 2024) [Docket No. 720]
(l)
Declaration of Charles N. Braley in Support of Confirmation of the
Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor Affiliates
(Filed November 11, 2024) [Docket No. 721]
(m)
Debtors’ Memorandum of law in Support of an Order (I) Approving
the Debtors’ Disclosure Statement on a Final Basis and (II) Confirming
the Debtors’ Joint Chapter 11 Plan (Filed November 11, 2024)
[Docket No. 722]
(n)
Notice of Filing Redline Version of Second Amended Joint Chapter 11
Plan of Vyaire Medical, Inc. and Its Debtor Affiliates (Filed November
12, 2024) [Docket No. 723]
Case 24-11217-BLS Doc 727 Filed 11/12/24 Page 2 of 5
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(o)
Motion of Debtors for Entry of an Order Authorizing the Debtors to
Exceed the Page Limit Requirement with Respect to the Debtors’
Confirmation Brief (Filed November 12, 2024) [Docket No. 724]
(p)
Notice of Filing Findings of Fact, Conclusions of Law, and Order
Approving the Debtors’ Disclosure Statement for, and Confirming the
Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and its
Debtor Affiliates Pursuant to Chapter 11 of the Bankruptcy Code (Filed
November 12, 2024) [Docket No. 725]
Objection Deadline: November 4, 2024, at 4:00 p.m. (prevailing Eastern Time),
extended until November 5, 2024 for Texas Comptroller of
Public Accounts (“Texas Comptroller”), extended until
November 6, 2024 for Cigna Health and Life Insurance
Company (“Cigna”), and extended until November 8, 2024
for
the
Official
Committee
of
Unsecured
Creditors
(the “Committee”)
Response(s) Received:
(a)
Informal comments from the Office of the United States Trustee for the
District of Delaware, the Committee, Bank of America, N.A., as First
Lien Agent, 1L Ad Hoc Group, United States Attorney’s Office, District
of Delaware, Covington & Burling LLP and Reed Smith LLP, Texas
Comptroller, Hartford Fire Insurance Company, and Cigna
(b)
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]
(c)
Reservation of Rights Regarding the Motion of the Debtors for Entry of
an Order (I) Approving the Adequacy of the Disclosure Statement on an
Interim 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 27,
2024) [Docket No 578]
(d)
Limited Objection of the United States Trustee to Confirmation of
Debtors’ Chapter 11 Plan (Filed November 4, 2024) [Docket No. 705]
Status:
All informal comments and objections have been resolved. This matter is
going forward.
2.
Motion of Zensar Technologies Inc. for Entry of an Order (I) Compelling Assumption
or Rejection of Executory Contracts and (II) Allowing Administrative Expenses and
Compelling Payment Thereof (Filed October 31, 2024) [Docket No. 699]
Case 24-11217-BLS Doc 727 Filed 11/12/24 Page 3 of 5
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Related Document(s):
(a)
Certification of Counsel Regarding Motion of Zensar Technologies Inc.
for Entry of an Order (I) Compelling Assumption or Rejection
of Executory Contracts and (II) Allowing Administrative Expenses
and Compelling Payment Thereof (Filed November 8, 2024)
[Docket No. 716]
Objection Deadline: November 7, 2024, at 4:00 p.m. (prevailing Eastern Time)
Response(s) Received: None
Status:
A revised proposed form of order has been filed under certification of
counsel. No hearing is required unless the Court has any questions.
[Remainder of Page Intentionally Left Blank]
Case 24-11217-BLS Doc 727 Filed 11/12/24 Page 4 of 5
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Dated: November 12, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
KIRKLAND & ELLIS LLP
Patrick J. Reilley (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 727 Filed 11/12/24 Page 5 of 5