Plan Supplement — Vyaire Medical, Inc., et al. (Case No. 24-11217 (BLS), Doc 689)

Summary

Notice of plan supplement filed 10/28/24 as Doc 689 in the jointly administered Chapter 11 cases of Vyaire Medical and its debtor affiliates (Case 24-11217) in the United States Bankruptcy Court for the District of Delaware. It says the debtors filed their Joint Chapter 11 Plan on September 30, 2024 and now file this initial plan supplement, with Exhibits A through G, under the Disclosure Statement Order. The exhibits listed are schedules of rejected and of assumed executory contracts and unexpired leases, a transition services agreements schedule, a schedule of retained causes of action, the plan administrator’s identity and agreement, a wind-down budget and a restructuring transactions memorandum. The notice says these documents are part of the Plan and will be approved through the Confirmation Order. Co-counsel to the debtors are Cole Schotz and Kirkland & Ellis.

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                  Case 24-11217-BLS              Doc 689       Filed 10/28/24         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)
                                                               )

                                             PLAN SUPPLEMENT

       PLEASE TAKE NOTICE THAT on September 30, 2024, the above-captioned debtors
and debtors in possession (collectively, the “Debtors”) filed the Joint Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates [Docket No. 581] (as modified, amended, or supplemented
from time to time, the “Plan”),2 which Plan was the solicitation version served on parties in
connection with the Order (I) Approving the Adequacy of the Disclosure Statement on an Interim
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 “Disclosure Statement Order”).

        PLEASE TAKE FURTHER NOTICE THAT pursuant to the Disclosure Statement
Order, the Debtors hereby file this initial plan supplement (this “Plan Supplement”) in support of
the Plan with respect to the following documents attached hereto as Exhibits A through G,
respectively, filed with the Plan Supplement:

                       Exhibit A – Rejected Executory Contracts and Unexpired Leases Schedule;

                       Exhibit B – Assumed Executory Contracts and Unexpired Leases Schedule;

                       Exhibit C –Transition Services Agreements Schedule of Contracts and
                        Unexpired Leases Schedule;

                       Exhibit D – Schedule of Retained Causes of Action;

                       Exhibit E – Identity of Plan Administrator and Plan Administrator Agreement;




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.
2     Capitalized terms not otherwise defined herein have the same meaning as set forth in the Plan.
                       Case 24-11217-BLS             Doc 689        Filed 10/28/24        Page 2 of 2




                           Exhibit F – Wind-Down Budget; and

                           Exhibit G – Restructuring Transactions Memorandum.

             PLEASE TAKE FURTHER NOTICE THAT the the documents contained in this Plan
      Supplement are integral to, and considered part of, the Plan. The documents contained in this Plan
      Supplement will be approved by the Bankruptcy Court pursuant to the Confirmation Order and in
      accordance with the terms of the Plan.3


Dated: October 28, 2024
Wilmington, Delaware

 /s/ Patrick J. Reilley
  COLE SCHOTZ P.C.                                                 KIRKLAND & ELLIS LLP
  Patrick J. Reilley (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




      3    For the avoidance of doubt, the Debtors reserve all rights to make modifications to this Plan Supplement and the
           exhibits thereof in accordance with the terms of the Plan and Confirmation Order.




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