Vyaire - Motion to Approve Disclosure Statement and Solicitation Procedures CS Draft 09.11.24
- Date
- 2024-09-25
Summary
A notice of motion filed September 11, 2024 as Doc 520-1 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), jointly administered Chapter 11 cases in the United States Bankruptcy Court for the District of Delaware. It gives notice that the debtors have filed a motion asking the court to approve the adequacy of the disclosure statement on an interim and final basis, schedule a combined disclosure statement approval and plan confirmation hearing, and approve solicitation and notice procedures and the combined hearing notice. It is addressed to parties including the U.S. Trustee, the Internal Revenue Service and counsel to the 1L Ad Hoc Group. Objections are due September 25, 2024 at 4:00 p.m. (ET), and a hearing is set for October 2, 2024 before Judge Brendan L. Shannon. The two-page notice is signed by Cole Schotz P.C. and Kirkland & Ellis LLP as co-counsel to the debtors.
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Case 24-11217-BLS Doc 520-1 Filed 09/11/24 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)
)
NOTICE OF MOTION
TO: (I) THE U.S. TRUSTEE FOR THE DISTRICT OF DELAWARE; (II) COUNSEL TO
THE COMMITTEE; (III) THE OFFICE OF THE ATTORNEY GENERAL FOR EACH
OF THE STATES IN WHICH THE DEBTORS OPERATE; (IV) THE UNITED STATES
ATTORNEY’S OFFICE FOR THE DISTRICT OF DELAWARE; (V) THE INTERNAL
REVENUE SERVICE; (VI) THE UNITED STATES SECURITIES AND EXCHANGE
COMMISSION; (VII) COUNSEL TO THE 1L AD HOC GROUP (VIII) THE AGENT
OF THE DIP FACILITY AND COUNSEL THERETO; (IX) THE AGENT OF THE
FIRST LIEN CREDIT AGREEMENT AND COUNSEL THERETO; (X) THE SECOND
LIEN CREDIT AGREEMENT AGENT AND COUNSEL THERETO; (XI) THE AGENT
OF THE FIRST LIEN NOTES AND COUNSEL THERETO; AND (XII) ANY PARTY
THAT HAS REQUESTED NOTICE PURSUANT TO BANKRUPTCY RULE 2002.
PLEASE TAKE NOTICE that the above-captioned debtors and debtors in possession
(collectively, the “Debtors”) have filed the attached Debtors’ Motion 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 (the “Motion”).
PLEASE TAKE FURTHER NOTICE that any objections or responses to the relief
requested in the Motion must be filed on or before September 25, 2024 at 4:00 p.m. (ET)
(the “Objection Deadline”) with the United States Bankruptcy Court for the District of Delaware,
824 N. Market Street, 3rd Floor, Wilmington, Delaware 19801. At the same time, copies of any
responses or objections to the Motion must be served upon the proposed undersigned counsel to
the Debtors so as to be received on or before the Objection Deadline.
PLEASE TAKE FURTHER NOTICE that copies of the Disclosure Statement for the
Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtors Affiliates and the Joint Chapter 11
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 520-1 Filed 09/11/24 Page 2 of 2
Plan of Vyaire Medical, Inc. and Its Debtors Affiliates are available for review and may be
obtained free of charge at the website of Omni Agent Solutions, Inc., the Bankruptcy Court-
approved balloting agent (the “Balloting Agent”) at https://omniagentsolutions.com/Vyaire/, or by
contacting the Balloting Agent by email, Vyaireinquiries@omniagnt.com or telephone, (866) 956-
2140 (U.S. & Canada) or (818) 666-3635 (International).
PLEASE TAKE FURTHER NOTICE THAT A HEARING TO CONSIDER THE
MOTION, IF NECESSARY, WILL BE HELD ON OCTOBER 2, 2024 AT 1:30 P.M. (ET)
BEFORE THE HONORABLE BRENDAN L. SHANNON IN THE UNITED STATES
BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE, 824 N. MARKET STREET,
6TH FLOOR, COURTROOM NO. 1, WILMINGTON, DELAWARE 19801.
PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTIONS OR
RESPONSES TO THE MOTION ARE TIMELY FILED AND RECEIVED IN
ACCORDANCE WITH THIS NOTICE, THE COURT MAY GRANT THE RELIEF
REQUESTED THEREIN WITHOUT FURTHER NOTICE OR A HEARING.
Dated: September 11, 2024
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C. KIRKLAND & ELLIS LLP
Patrick J. Reilley, Esq. (DE Bar 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) 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
2
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