Vyaire - COC - First Rejection Notice Quad Lease

Date: 2024-09-27

Summary

A certification of counsel filed October 22, 2024 as Doc 674 by counsel to the debtors in the jointly administered Chapter 11 cases of Vyaire Medical, Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. It concerns the First Notice of Rejection of Certain Executory Contracts filed September 27, 2024 [Docket No. 575], which attached a proposed rejection order. It recites that Quad DBC Holding, LLC, the landlord, filed a limited objection on October 11, 2024 [Docket No. 625]. The certification states that the debtors and the landlord agreed to resolve the objection through a revised proposed order attached as Exhibit 1, with a blackline attached as Exhibit 2, and asks the court to enter the revised order. It is three pages, signed by Patrick J. Reilley of Cole Schotz P.C. with a Kirkland & Ellis LLP signature block, both co-counsel to the debtors.

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Full text

Case 24-11217-BLS Doc 674 Filed 10/22/24 Page 1 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 Nos. 250, 575, & 625

CERTIFICATION OF COUNSEL REGARDING
FIRST NOTICE OF REJECTION OF CERTAIN EXECUTORY CONTRACTS

The undersigned counsel to Vyaire Medical, Inc. and certain of its affiliates, the debtors

and debtors in possession in the above-captioned cases (collectively, the “Debtors”), hereby

certifies as follows:

1. On September 27, 2024, the Debtors filed the First Notice of Rejection of Certain

Executory Contracts [Docket No. 575] (the “Rejection Notice”), seeking to authorize the Debtors

to reject certain contracts set forth on Exhibit A thereto and attaching as Exhibit B thereto, the

First Order Authorizing the Debtors to Reject Certain Executory Contracts (the “Proposed

Order”).

2. On October 11, 2024, Quad DBC Holding, LLC (the “Landlord”) filed the Limited

Objection of Quad DBC Holdings, LLC to First Notice of Rejection of Certain Executory Contracts

[Docket No. 625] (the “Objection”).

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’ proposed 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 674 Filed 10/22/24 Page 2 of 3

3. The Debtors and the Landlord agreed to resolve the Objection as set forth in the

revised form of order in connection with the Rejection Notice, which is attached hereto as Exhibit

1 (the “Revised Proposed Order”). A blackline comparing the Revised Proposed Order against

the Proposed Order filed with the Rejection Notice is attached hereto as Exhibit 2.

4. The Debtors respectfully request that the Court enter the Revised Proposed Order

at its earliest convenience.

[Remainder of page Intentionally Left Blank]

2
Case 24-11217-BLS Doc 674 Filed 10/22/24 Page 3 of 3

Dated: October 22, 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)
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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