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EXHIBIT D
SCHEDULE OF RETAINED CAUSES OF ACTION
Article IV(O) 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 that the Retained Causes of Action shall initially remain
with the Debtors and shall immediately vest with the Wind-Down Debtors as of the Effective Date.
Unless otherwise released by the Plan, the Debtors or the Wind-Down Debtors, as
applicable, expressly reserve their rights with respect to all Causes of Action that are not expressly
released under the Plan, including the following:
1.
Avoidance Actions arising under applicable state law and Chapter 5 of the
Bankruptcy Code, including, without limitation, Bankruptcy Code sections 502, 510, 542,
544, 547 through 553 and 724(a), against any party who is not a Released Party and those
entities identified in Exhibit D(i) attached hereto.
2.
All Causes of Action relating to any and all insurance contracts and insurance
policies to which the Debtors are a party or pursuant to which the Debtors have any rights
whatsoever, regardless of whether such contract or policy is specifically identified in the
Plan, including, without limitation, Causes of Action against insurance carriers,
reinsurance carriers, insurance brokers, underwriters, occurrence carriers, or surety bond
issuers relating to coverage, indemnity, contribution, reimbursement, or any other matters.
Without limiting the generality of the foregoing, the Debtors expressly reserve all Causes
of Action against the Entities identified in Exhibit (D)(ii) attached hereto.
3.
All Causes of Action relating to any and all tax obligations to which the Debtors
are a party or pursuant to which the Debtors have any rights whatsoever, including, without
limitation, against or related to all entities that owe or that may in the future owe money
related to tax refunds to the Debtors, regardless of whether such entity is specifically
identified herein. Without limiting the generality of the foregoing, the Debtors expressly
reserve all Causes of Action, including potential tax refund, reimbursement of
overpayments resulting from ordinary course payments or payments of any filed proofs of
claim, and any rights arising under section 505 of the Bankruptcy Code, against the Entities
identified in Exhibit (D)(iii) attached hereto.
4.
All Causes of Action against or related to all entities (other than Released Parties)
that are party to or that may in the future become party to litigation, arbitration, or any other
type of adversarial proceeding or dispute resolution proceeding, whether formal or
informal, judicial or non-judicial, regardless of whether such entity is specifically identified
in the Plan, except to the extent such entity is a Released Party. Without limiting the
generality of the foregoing, the Debtors expressly reserve all Causes of Action against the
Entities identified in Exhibit (D)(iv) attached hereto.
1 Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to them in the Plan.
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 1 of 16
5.
All Causes of Action against or related to all entities (other than Released Parties)
that owe or that may in the future owe money to the Debtors, regardless of whether such
entity is expressly identified in the Plan except to the extent such entity is a Released Party.
The Debtors or the Wind-Down Debtors, as applicable, expressly reserve all Causes of
Action against or related to all entities who assert or may assert that the Debtors owe money
to them. The claims and Causes of Action reserved include without limitation Causes of
Action against vendors, suppliers of goods and services, customers or any other parties,
except to the extent such party is a Released Party:
a.
for overpayments, back charges, duplicate payments, improper holdbacks,
deductions owing or improper deductions taken, deposits, warranties, guarantees,
indemnities, recoupment, or setoff;
b. for (i) wrongful or improper termination, suspension of services or supply of goods,
or failure to meet other contractual or regulatory obligations; (ii) for failure to fully
perform or to condition performance on additional requirements under contracts
with any one or more of the Debtors before the assumption or rejection, if
applicable, of such contracts; (iii) for payments, deposits, holdbacks, reserves or
other amounts owed by any creditor, utility, supplier, vendor, insurer, surety, factor,
lender, bondholder, lessor or other party; (iv) for any liens, including mechanics’,
artisans’, materialmens’, possessory or statutory liens held by the Debtors; (v) for
counter-claims and defenses related to any contractual obligations; (vi) for any
turnover actions arising under Bankruptcy Code sections 542 or 543; and (vii) for
unfair competition, interference with contract or potential business advantage,
breach of contract, infringement of intellectual property or any business tort claims.
6.
All Causes of Action based in whole or in part upon any and all postings of a
security deposits, adequate assurance payment, or any other type of deposit, prepayment,
or collateral, regardless of whether such posting of security deposit, adequate assurance
payment, or any other type of deposit, prepayment or collateral is specifically identified
herein.
7.
All Causes of Action based in whole or in part upon the enforcement of the terms
of the Sale Transactions Documentation.
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 2 of 16
Exhibit D(i)
ACCENT PLASTICS INC
ADVANCED MOTION CONTROLS
ADVANCED PRINTING
AEROTEK INC
AGILITI HEALTH, INC.
AIRGAS USA LLC
ALL SEALS INC
ALLIED ELECTRONICS
AMAZON WEB SERVICES INC
AMERICAN CRATING
ANA CONCHEIRO GUISAN
ANALYTICAL INDUSTRIES INC.
ANTON VAN KAAM
APPEXTREMES LLC
APPLE RUBBER PRODUCTS
ARTIQ NV
ASCENSION HEALTH RESOURCE AND SUPPLY MANAGEMENT GROUP, LLC
ASSURED PARTNERS CAPITAL INC
AT&T MOBLILITY II LLC
AUGUSTA HITECH SOFT SOLUTIONS LLC
AUTOMATIC DATA PROCESSING INC
AVNET, INC.
BAY CORPORATION
BCP SYSTEMS INC.
BMW PRECISION MACHINING INC
BRENNER-FIEDLER & ASSOC.
BSI GROUP AMERICA INC
CDW COMPUTER CENTERS
CEVA LOGISTICS
CHEMTREC
CIWIT BV
CLAYTON CONTROLS
CLEO COMMUNICATIONS US, LLC
COGNITIVE CONSULTING LLC
COGNIZANT TECHNOLOGY SOLUTIONS US C
CONNEXIO HEALTH LLC
COPPER & BRASS SALES
CORPORATION SERVICE COMPANY
COVINGTON & BURLING LLP
CULLIGAN WATER CONDITIONING
DA/PRO RUBBER INC
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 3 of 16
DANIELE DELUCA
DAVID M LEWIS COMPANY LLC
DAWAR TECHNOLOGIES
DEEL INC
DELL MARKETING LP
DELL REALTY COMPANY
DEPARTMENT OF LABOR AND INDUSTRIES
DEXTER RESEARCH, INC.
DIGI-KEY CORP. 55348
DYMAX CORP
E & S PRECISION SHEETMETAL MFG INC
EDWARD A ROSE
EIS, INC. FILE 98059
EMERGO GLOBAL REPRESENTATION LLC
ENDICOTT RESEARCH GROUP INC
ENHESA INC
EPM PROS INC
EUROFINS ELECTRICAL &
EXETER 6201 GLOBAL DISTRIBUTION
FEDEX GROUND PACKAGE SYSTEM
FERMISH CLINICAL TECHNOLOGIES
FLEXIM US CORP
FOOD AND DRUG ADMINISTRATION
FORTE DGTL LLC
FRAGOMEN, DEL REY, BERNSEN & LOEWY
FREYR INC
FRONTIER COMMUNICATIONS CORPORATION
GE HEALTH CARE
GENERANT
GISPATH INC
GRAINGER
GREATBATCH MEDICAL
HAYNES AND BOONE LLP
HEALTH CANADA
HEALTHTRUST PURCHASING GROUP LP
HEIDRICK & STRUGGLES INC
HOGAN LOVELLS US LLP
HOUSE OF BATTERIES
HUGHES,R.S.,CO.INC.
HYMAN PHELPS & MCNAMARA PC
ILI INFODISK
IN SITU TRAINING SA
INDUSTRIAL HEARING & PULMONARY
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 4 of 16
INNOVATIVE DISCOVERY LLC
INSIGHT
ITD CORPORATION
JABIL CIRCUIT (SHANGHAI) LTD.
KENNETH JOSEPH ORR
KEY INSTRUMENTS
KILMAINHAM
KPMG LLP
KYLE PROUGH (KYOTE CREATIVE)
LINKLATERS LLP
LORI ANNE VOSSLER-YANG
MARLEE MFG.
MARY C TROUT
MASTER BOND, INC
MAXTEC
MCKESSON MEDICAL-SURGICAL SUPPLY
MCMASTER-CARR SUPPLY CO.
MEGAN STOPEK
MER MAR, INC.
MESSNER REEVES LLP
METALPRO INDUSTRIES
MH CUSTOM DESIGN & MFG LC.
MICROSOFT CORPORATION
MMA SECURITIES LLC
MOOG COMPONENTS GROUP, INC
MOUSER ELECTRONICS
MSC INDUSTRIAL SUPPLY CO. INC.
NEWARK CORPORATION
NEXGEN DIGITAL
NORTHWELL HEALTH
NUMATIC ENGINEERING
OCEAN STATE STAINLESS, INC.
OHIO BUREAU OF WORKERS'
ORANGE COAST PNEUMATICS
OXFORD GLOBAL RESOURCES LLC
PALM SPRINGS PLATING
PARKER HANNIFIN - PORTER DIVISION
PARKER MEDICAL SYSTEMS DIVISION
PATENTBURO PAUL ROSENICH AG
PAX INDUSTRIES
PEAK TECHNICAL SERVICES INC
PENTAIR FILTRATION SOLUTIONS LLC
PHOTOMACHINING
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PINNACLE PRECISION SHEET METAL CORP
PLANFUL INC
PORZIO COMPLIANCE SERVICES, LLC
PRECISION MEDICAL
PRECISION METAL PROCESSING INC.
PREETY TULI
PREMIER HEALTHCARE ALLIANCE LP
PRESIDIO HOLDINGS INC
PRN STAFFING
QOSINA CORP.
RAINER KUEHNER
REAL STAFFING GROUP
RESTRUCTURING PARTNERS & ASSO LLC
RINGCENTRAL INC
SAFETY-KLEEN
SALESFORCE.COM INC
SCHMIDT BIOMED SDN BHD
SCHROFF INC
SEBASTIAN MASANET
SELCO PRODUCTS
SIEMENS INDUSTRY SOFTWARE INC
SILMATES PRIVATE LTD
SIMCO ELECTRONICS
SPARK DSG LLC
SPIRACLE TECHNOLOGY
STAR EXHIBITS & ENVIRONMENTS INC
SUPERIOR SPRING CO
T C I PRECISION METALS
TALX CORP
TAW ELECTRONICS INC
TDS UNLIMITED INC
TECH-ETCH
TELEDYNE ANALYTICAL INSTRUMENTS
TESTEQUITY, INC
THE WEST GROUP
THERM-O-NAMEL, INC.
THIEME CORPORATION
THOMAS E BACHMAN
TICIC SUB LLC
T-MOBILE USA, INC.
TOMASZ SZCZAPA
TOOLING EXPRESS INC
TPI - CUSTOM SOLUTIONS
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 6 of 16
TRADE TECHNOLOGIES INC
TRANSITIONS INSTITUTE INC
TRANSPERFECT TRANSLATIONS
TRICON
TRU-FORM PLASTICS INC.
ULINE SHIPPING SUPPLIES
UNITED AD LABEL (RR DONNELLY)
UNITED FOAM TECHNOLOGIES
UPS SUPPLY CHAIN SOLUTIONS INC
VACUMETRICS INC / VACUMED DIV.
VALUATION RESEARCH CORPORATION
VALUE PLASTICS
VAN DOORNE N V
VENDORMATE INC
VERA ROSAS REGISTRO E LEGALIZACAO
VERITIV OPERATING COMPANY
VERTEX INC
VIZIENT INC
WAGEWORKS INC
WEBER PRECISION GRAPHICS
WILLIAM W STRINGER MD
WOLFE PROCUREMENT INC
YUSEN LOGISTICS AMERICAS INC
ZENSAR TECHNOLOGIES INC
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 7 of 16
Exhibit D(ii)
Legal Entity
Insurance Carrier
Policy Type
Policy Number
Policy
Term
Vyaire Holding Company
Federal Insurance
Company
General Liability
3606-61-89
Annual
Vyaire Holding Company
Federal Insurance
Company
US Auto Liability
(24) 7363-96-04
Annual
Vyaire Holding Company
Chubb National
Insurance Company
Workers’
Compensation
(25) 7183-97-95
Annual
Vyaire Holding Company
Federal Insurance
Company
Commercial Umbrella
5672-07-51
Annual
Vyaire Holding Company
ACE American
Insurance Company
Foreign Auto
PHFD38688571 001
Annual
Vyaire Holding Company
ACE American
Insurance Company
Foreign General
Liability
PHFD38688571 001
Annual
Vyaire Holding Company
ACE American
Insurance Company
Foreign Voluntary
Workers’
Compensation
PHFD38688571 001
Annual
Vyaire Holding Company
LifeScience Risk
Products Liability
LSR-PCO-00539-24
Annual
Vyaire Holding Company
Illinois Union
Insurance Company
Products Liability
XSP G47393942 002
Annual
Vyaire Holding Company
Euclid Life Science
Specialty, LLC
Products Liability
LSS2000275
Annual
Vyaire Holding Company
ProAssurance
Specialty Insurance
Company
Products Liability
EX24IL380003
Annual
Vyaire Holding Company
Ironshore Specialty
Insurance Company
Products Liability
HC7TAB7TUL004
Annual
Vyaire Medical Products Ltd
HDI Global SE – UK
Foreign Products
Liability
110-01164144-14072
Annual
Vyaire Holding Company
Beazley Group
Cyber Liability
W1EFF2220701
Annual
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 8 of 16
Legal Entity
Insurance Carrier
Policy Type
Policy Number
Policy
Term
Vyaire Holding Company
Indian Harbor
Insurance Company
Cyber Liability
MTE904194703
Annual
Vyaire Holding Company
National Union Fire
Insurance Company of
Pittsburgh, PA
Crime
1-544-18-54
Annual
Vyaire Holding Company
Great American
Insurance Company
Crime Excess
XSC E776448 02 00
Annual
Vyaire Holding Company
Berkshire Hathaway
Specialty Insurance
Director & Officer
Side A Liability
47-EMC-312437-04
Annual
Vyaire Holding Company
Illinois National
Insurance Co.
Director & Officer
Side A Liability
01-545-03-57
Annual
Vyaire Holding Company
Twin City Fire
Insurance Co.
Director & Officer
Side A Liability
83 PE 0401876-23
Annual
Vyaire Holding Company
Axis Insurance
Company
Director & Officer
Side A Liability
P-001-000712001-03
Annual
Vyaire Holding Company.
ACE American
Insurance Company
Director & Officer
Side A Liability
G71089022 003
Annual
Vyaire Holding Company
Old Republic
Professional Liability,
Inc.
Director & Officer
Side A Liability
ORPRO 13 101883
Annual
Vyaire Holding Company
Midvale Indemnity
Company
Director & Officer
Side A Liability
ACL-144453387-02
Annual
Vyaire Holding Company
Federal Insurance
Company
Fiduciary Liability
J06349456
Annual
Vyaire Holding Company
Federal Insurance
Company
Employment Practices
Liability
J06349456
Annual
Vyaire Holding Company
Illinois National
Insurance Co.
Fiduciary Liability
01-545-03-53
Annual
Vyaire Holding Company
Great American
Insurance Co.
Special Risk
SCI273611442
Annual
Vyaire Holding Company
Allied World
Assurance Company
(U.S.) Inc.
Pollution Liability
0310-3558
Annual
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 9 of 16
Legal Entity
Insurance Carrier
Policy Type
Policy Number
Policy
Term
Vyaire Holding Company
Lloyd’s Syndicate
1036 COF
Marine Cargo Liability
B0509MARCW2351091
Annual
Vyaire Holding Company
Lloyd’s Syndicate
No.4472 LIB.
Marine Cargo Liability
B0509MARCW2351092
Annual
Vyaire Holding Company
Federal Insurance
Company
Global Property
3606-61-72 DTO
Annual
Vyaire Holding Company
Starr Surplus Lines
Insurance Company
Global Property
23SSLDOND316061
Annual
Vyaire Holding Company
Princeton Excess and
Surplus Lines
Insurance Company
Global Property
78-A3-XP-0001068-00
Annual
Vyaire Holding Company
Mt. Hawley Insurance
Company
Global Property
MPC0606018
Annual
Vyaire Holding Company
Endurance American
Specialty Insurance
Global Property
ARP30048538600
Annual
Vyaire Holding Company
Lloyd’s of London
Global Property
B0509BOWPN2352774
B0509BOWPN2352775
B0509BOWPN2352776
B0509BOWPN2352777
Annual
Vyaire Holding Company
Lloyd’s of London
Global Property
B0509BOWPN2352776
Annual
Vyaire Holding Company
Ascot Specialty
Insurance Company
Property DIC
UB211270B00463
Annual
Vyaire Holding Company
Princeton Excess and
Surplus Lines
Insurance Company
Property DIC
B2A3IM0003894-00
Annual
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 10 of 16
Exhibit D(iii)
Taxing Authority
Alabama - Revenue Discovery Systems
Autauga, Birmingham, Chilton, Clanton, Dale, Dothan, Florence, Hamilton, Henry, Jackson,
Lauderdale, Pike, Scottsboro
City of Montgomery
Alabama - STACS
City of Sheffield
Colbert County
Franklin County
Alabama Department of Revenue
Alabama Department of Revenue
Alaska Department of Revenue
Arizona Department of Revenue
Arizona Department of Revenue
Arkansas Department of Finance & Administration
Ascension Parish Sales and Use Tax Authority
Avoyelles Parish School Board
Baldwin County
Bureau of Revenue & Taxation
Caddo Shreveport Sales & Use Tax Commission
Calcasieu Parish
California Department of Tax and Fee Administration
City of Alabaster
City of Arvada
City of Aurora Revenue Division
City of Baton Rouge Parish of East Baton Rouge
City of Boulder
City of Bremerton
City of Colorado Springs
City of Craig
City of Daphne
City of Durango
City of Englewood
City of Everett
City of Foley Revenue Department
City of Fort Collins
City of Golden
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Taxing Authority
City of Grand Junction
City of Greeley
City of Greenwood Village
City of Gunnison
City of Huntsville
City of Lakewood
City of Lamar
City of Littleton
City of Lone Tree
City of Longmont
City of Longview
City of Mobile
City of Monroe/Ouachita Parish
City of New Orleans
City of Parker
City of Pueblo
City of Seattle
City of Steamboat Springs
City of Thornton
Colorado Department of Revenue
Commerce City Tax Division
Comptroller of Maryland
Connecticut Department of Revenue Services
Cullman County
Dekalb County Revenue Department
Delaware Division of Revenue
Denver Department of Finance
Department of the Treasury
Internal Revenue Service
District of Columbia
District of Columbia
Evangeline Parish Sales/Use Tax Commission
Florida Department of Revenue
Georgia Department of Revenue
Georgia Department of Revenue
Hawaii Department of Taxation
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Taxing Authority
Hawaii Department of Taxation
Iberia Parish School Board Sales & Use Tax Department
Idaho State Tax Commission
Idaho State Tax Commission
Illinois Department of Revenue
Illinois Department of Revenue
Indiana Department of Revenue
Indiana Department of Revenue
Iowa Department of Revenue
Iowa Department of Revenue
Jefferson County Department of Revenue
Kansas Department of Revenue
Kansas Department of Revenue
Kentucky Department of Revenue
Kentucky Revenue Cabinet
Lafayette Parish School System
Lafourche Parish School Board
Lincoln Parish
Louisiana - St. Charles
Louisiana - St. John
Louisiana - St. Landry
Louisiana - St. Mary
Louisiana - St. Tammany
Louisiana - Vernon
Louisiana - Washington
Louisiana - Webster
Louisiana Department of Revenue
Louisiana Department of Revenue
Madison County
Maine Department of Revenue
Maine Revenue Services
Maryland Revenue Administration
Massachusetts Department of Revenue
Massachusetts Department of Revenue
Michigan Department of Treasury
Michigan Department of Treasury
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Taxing Authority
Minnesota Department of Revenue
Minnesota Department of Revenue
Mississippi Department of Revenue
Mississippi Department of Revenue
Missouri Department of Revenue
Missouri Department of Revenue
Mobile County
Montana Department of Revenue
Montgomery County Commission Tax & Audit Department
Nebraska Department of Revenue
Nebraska Department of Revenue
Nevada Department of Taxation
New Hampshire Department of Revenue Administration
New Jersey Division of Taxation
New Jersey Division of Taxation
New Mexico Taxation & Revenue Department
New Mexico Taxation & Revenue Department
New York Department of Taxation and Finance
New York Department of Taxation and Finance
North Carolina Department of Revenue
North Carolina Department of Revenue
North Dakota Office of State Tax Commissioner
North Dakota Office of State Tax Commissioner
Ohio Department of Taxation
Oklahoma Tax Commission
Oklahoma Tax Commission
Oregon Department of Revenue
Oregon Department of Revenue
Parish Of Acadia
Pennsylvania Department of Revenue
Pennsylvania Department of Revenue
Plaquemines Parish
Rapides Parish
Rhode Island Division of Taxation
Rhode Island Division of Taxation
Shelby County Business Revenue Office
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Taxing Authority
South Carolina Department of Revenue
South Carolina Department of Revenue
South Dakota Department of Revenue
State of Arkansas
Tennessee Department of Revenue
Tennessee Department of Revenue
Texas Comptroller of Public Accounts
Texas Comptroller of Public Accounts
Utah State Tax Commission
Utah State Tax Commission
Vermont Department of Taxes
Vermont Department of Taxes
Virginia Tax Office of Customer Services
Virginia Tax Office of Customer Services
Washington State Department of Revenue
West Virginia State Tax Department
West Virginia Tax Division
Wisconsin Department of Revenue
Wisconsin Department of Revenue
Wyoming Department of Revenue
Case 24-11217-BLS Doc 689-4 Filed 10/28/24 Page 15 of 16
Exhibit D(iv)
1. All properties, rights, interests and assets related to or arising out of the following cause of
action: Vyaire Medical Holdings B.V. vs. Florian Kienle, Sonja Kienla, William Franz, Roland
Holtz and Peter Biro, District Court of Hamburg (Germany); Docket No. 313 O 251/19
2. All properties, rights, interests and assets related to or arising out of the following cause of
action: Vyaire Holding Company and Vyaire Medical, Inc. v. Westchester Surplus Lines
Insurance Company, Allianz Underwriters Insurance Company, Lloyd’s of London Syndicate
2003 (aka Caitlin Syndicate Limited and North American Insurance Company), Supreme
Court of the State of New York, County of New York, Index No. 652428/2020 (the.
3. All properties, rights, interests and assets related to or arising out of the following cause of
action and any counterclaims related thereto: Sleep Management LLC (d/b/a VieMed) vs.
Vyaire Medical Inc. (d/b/a CareFusion Respiratory Technologies), Western District of
Louisiana (Lafayette) No. 6:20-cv-00969-MJJ-PJH.
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