Plan Supplement - Exhibit A Schedule of Rejected Contracts — In re Vyaire Medical, Inc., et al.

Summary

Exhibit A to the plan supplement, headed Rejected Contracts and Unexpired Leases Schedule, filed October 28, 2024 as Doc 689-1 in the chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217-BLS. It quotes Article V.A. of the Joint Chapter 11 Plan of Reorganization dated September 30, 2024 [Docket No. 581], under which each executory contract or unexpired lease not previously assumed, assumed and assigned, or rejected is deemed automatically rejected on the Effective Date unless it falls within listed exceptions. It states that the debtors reserve the right to alter or supplement the schedules through and including 90 days after the Effective Date, and that an altered rejected-contracts schedule is subject to the consent of the Required DIP Lenders.

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EXHIBIT A
REJECTED CONTRACTS AND UNEXPIRED LEASES SCHEDULE
Article V.A. of the Joint Chapter 11 Plan of Reorganization of Vyaire Medical, Inc. and
Its Debtor Affiliates, dated September 30, 2024 [Docket No. 581] (as may be amended, modified,
or supplemented, the “Plan”),1 provides as follows:
On the Effective Date, except as otherwise provided herein or in the Sale Orders,
each Executory Contract or Unexpired Lease not previously assumed, assumed and
assigned, or rejected shall be deemed automatically rejected, pursuant to sections
365 and 1123 of the Bankruptcy Code, unless such Executory Contract or
Unexpired Lease is:  (1) identified on the Schedule of Assumed Executory
Contracts and Unexpired Leases; (2) the subject of a motion to assume (or assume
and assign) such Executory Contract that is pending on the Confirmation Date; (3)
a contract, instrument, release, indenture, or other agreement or document entered
into in connection with the Plan; (4) a D&O Liability Insurance Policy; (5) an Asset
Purchase Agreement; or (6) to be assumed by the Debtors and assigned to any
Purchaser in connection with any Sale Transaction and pursuant to any Sale
Transaction Documentation.
Notwithstanding anything to the contrary in the Plan or the Sale Transactions
Documentation, the Debtors, the Wind-Down Debtors, and the Plan Administrator,
as applicable, reserve the right to alter, amend, modify, or supplement the Schedule
of Assumed Executory Contracts and Unexpired Leases, the Schedule of Rejected
Executory Contracts and Unexpired Leases, and the Schedule of Retained Causes
of Acton identified in this Error! Reference source not found. of the Plan and in
the Plan Supplement at any time through and including 90 days after the Effective
Date.  The Debtors or the Wind-Down Debtors, as applicable, shall provide notice
of any amendments to the Schedule of Assumed Executory Contracts and
Unexpired Leases or the Schedule of Rejected Executory Contracts and Unexpired
Leases to the parties to the Executory Contracts or Unexpired Leases affected
thereby.  For the avoidance of doubt, this Error! Reference source not found.
relates to Executory Contracts or Unexpired Leases other than such agreements
assumed, assumed and assigned, or rejected in accordance with the terms of any
Sale Order.
For the avoidance of doubt, the Debtors, pursuant to the terms of the Plan, maintain
the right to alter, amend, modify, or supplement the Schedule of Rejected Executory
Contracts and Unexpired Leases, which such altered, amended, modified, or supplemented
schedule shall be subject to the consent of the Required DIP Lenders.
1 Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to them in the Plan.
Case 24-11217-BLS    Doc 689-1    Filed 10/28/24    Page 1 of 1

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