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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 No. 615
CERTIFICATION OF COUNSEL REGARDING THIRD MONTHLY FEE
APPLICATION OF KIRKLAND & ELLIS LLP AND KIRKLAND & ELLIS
INTERNATIONAL LLP, ATTORNEYS FOR THE DEBTORS AND
DEBTORS IN POSSESSION, FOR THE PERIOD FROM AUGUST 1, 2024
THROUGH AND INCLUDING AUGUST 31, 2024
[NO ORDER REQUIRED]
The undersigned, counsel to the above-captioned debtors and debtors in possession
(the “Debtors”), hereby certifies as follows:
1.
On October 9, 2024, the Third Monthly Fee Application of Kirkland & Ellis LLP and
Kirkland & Ellis International LLP, Attorneys for the Debtors and Debtors in Possession, for the
Period from August 1, 2024, Through and Including August 31, 2024 [Docket No. 615]
(the “Application”) was filed with the Court.
2.
Objections, if any, to the Application were required to have been filed with the
Court and served no later than 4:00 p.m. (ET) on October 30, 2024 (the “Objection Deadline”).
3.
Prior to the Objection Deadline, the Office of the United States Trustee (the “U.S.
Trustee”) raised certain questions with respect to the Application which have been answered and
all issues resolved. As part of the consensual resolution with the U.S. Trustee, Kirkland & Ellis
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.
Case 24-11217-BLS Doc 697 Filed 10/31/24 Page 1 of 3
2
LLP has voluntarily agreed to a reduction in amounts sought in the Application in the aggregate
amount of $15,706.59.
4.
The Objection Deadline has passed and, other than the foregoing, no objections
appear on the docket or were served upon the undersigned counsel.
5.
In accordance with the Court’s July 9, 2024 Order (I) Establishing Procedures for
Interim Compensation and Reimbursement of Expenses for Retained Professionals and
(II) Granting Related Relief [Docket No. 218], the Debtors are authorized to pay Kirkland & Ellis
LLP (after accounting for the voluntary reductions described herein) 80% of the fees, or
$2,782,207.53, and 100% of the expenses, or $6,007.31, requested in the Application upon the
filing of this certification and without the need for entry of a Court order approving the
Application.
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Case 24-11217-BLS Doc 697 Filed 10/31/24 Page 2 of 3
3
Dated: October 31, 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)
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
Case 24-11217-BLS Doc 697 Filed 10/31/24 Page 3 of 3