UNITED STATES BANKRUPTCY COURT
- Date
- 2024-10-11
Summary
A certification filed October 11, 2024 as Doc 625-1 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217(BLS), in the U.S. Bankruptcy Court for the District of Delaware, supporting the Limited Objection of Quad DBC Holdings, LLC to the First Notice of Rejection of Certain Executory Contracts. The declarant, a Senior Manager of Operations for Quad Holdings, LLC's parent company, the Irvine Company, states that Vyaire leases two buildings in Irvine, CA and operates a ventilator research laboratory in one. It states that Vyaire noticed rejection of the lease on September 27, 2024, effective September 30, 2024, that promised access codes and key fobs were not provided, and that Vyaire still uses the property. It adds that the landlord has been negotiating a new lease with Zoll that depends on the rejection and the closing of the Zoll Sale.
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Case 24-11217-BLS Doc 625-1 Filed 10/11/24 Page 1 of 3
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
VYAIRE MEDICAL, INC., et al.
Case No. 24-11217(BLS)
Debtors (Jointly Administered)
Related Docket Nos. 250, 575
CERTIFICATION OF DAVID UDDEN IN SUPPORT OF
LIMITED OBJECTION OF QUAD DBC HOLDINGS, LLC TO FIRST
NOTICE OF REJECTION OF CERTAIN EXECUTORY CONTRACTS
I, David Udden, of full age and sound mind hereby certify as follows. I am making these
statements based upon my own personal knowledge.
1. I am a Senior Manager of Operations for Quad Holdings, LLC’s parent company,
the Irvine Company. My job responsibilities include the operations and maintenance of the
Property.1
2. Vyaire Medical, Inc. is a tenant under a commercial lease for 510 and 520
Technology Drive in Irvine, CA. Vyaire did not complete construction to the 520 building, as it
was obligated to do so, but the 510 building has, and remains, partially occupied with Vyaire’s
business operations.
3. Vyaire operates a laboratory in the 510 building for research and development
related to ventilator systems. Other portions of the 510 building are subleased to a third party.
4. I understand that Vyaire has not paid all its rental obligations, include operations
expenses, since it filed for bankruptcy.
1
Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Limited Objection
of Quad DBC Holdings, LLC to First Notice of Rejection of Certain Executory Contracts.
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Case 24-11217-BLS Doc 625-1 Filed 10/11/24 Page 2 of 3
5. I am aware that on September 27, 2024, Vyaire noticed its intention to reject the
Lease pursuant to Section 365 of the Bankruptcy Code as part of its bankruptcy case, and such
rejection was set to be effective on September 30, 2024 (the “Rejection”).
6. Immediately upon hearing of the Rejection, I contacted Vyaire’s operators to
attempt to gain access to Vyaire’s part of the 510 building. I was informed that I would receive
access codes and key fobs on October 4, 2024. I never received such access codes or key fobs. I
have been promised throughout this week that I would receive the key fobs and access codes, but
I have not received them.
7. The Irvine Company does not have access to Vyaire’s space after business hours.
This creates a safety risk for the Irvine Company, Vyaire, its employees, and the subtenant and
its employees.
8. Vyaire is still utilizing the Property for business operations. It appears that the
business operations at the Property have gone unchanged throughout this bankruptcy. I know that
Vyaire’s equipment remains on the Property and I see individuals entering and exiting the
Property frequently.
9. I believe that Vyaire intends to allow Zoll to take over the Property when the Zoll
Sale closes. In the last week, I observed that Zoll and/or Vyaire have begun to place signage on
the Property, as shown from this photograph depicting a wall outside of Vyaire’s suite:
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2
Case 24-11217-BLS Doc 625-1 Filed 10/11/24 Page 3 of 3
10. I am aware that the Landlord / Irvine Company has been negotiating a new lease
with Zoll, but that lease can only be effective when the Court orders the rejection of the current
Lease and the sale to Zol closes.
11. I am aware that the Zoll Sale has not yet closed and based upon filings made in
the bankruptcy case, the closing date has been delayed.
12. I declare under penalty of perjury that the foregoing is true and correct.
Dated: October 11, 2024 /s/ David Udden
____________________
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File and source
- File
- gov.uscourts.deb.193283.625.1.pdf
- Size
- 72,792 bytes
- SHA-256
- bb6e4a38fb92a279338fcfa2eb582307910d9f55ccbb48125781254b61fd1d52
- Original
- No public link identified.