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

Summary

Exhibit B, Assumed Executory Contracts and Unexpired Leases Schedule, Doc 689-2 in Case 24-11217-BLS, for the Joint Chapter 11 Plan of Reorganization of Vyaire Medical, Inc. and Its Debtor Affiliates, dated September 30, 2024 (Docket No. 581). It quotes Article V.A. of the Plan, which provides that on the Effective Date each Executory Contract or Unexpired Lease not previously assumed, assumed and assigned, or rejected is deemed automatically rejected unless it falls into one of the listed categories. It states that the Debtors, the Wind-Down Debtors and the Plan Administrator reserve the right to alter, amend, modify, or supplement the schedules through and including 90 days after the Effective Date, subject to consent of the Required DIP Lenders.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

EXHIBIT B
ASSUMED EXECUTORY 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 Assumed 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 689-2    Filed 10/28/24    Page 1 of 1

File and source

File

gov.uscourts.deb.193283.689.2.pdf

Size

25,964 bytes

SHA-256

0d630cd1fc5e51f75ef35f8dc241919e6a294a61714dd7f07e8a363772c4cd43

Our copy

gov.uscourts.deb.193283.689.2.pdf

Original

PACER (login required)