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Vyaire - MWE First Interim Fee Application

Date
2024-11-01

Summary

A notice of the first interim fee application of McDermott Will & Emery LLP, counsel to the Official Committee of Unsecured Creditors, filed October 11, 2024 as Doc 619-1 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. The notice states that the application seeks compensation of $1,275,870.40 and reimbursement of expenses of $4,959.70 for the period from June 28, 2024 through August 31, 2024. Objections are due by November 1, 2024 at 4:00 p.m. (Eastern Time) under the Interim Compensation Order [Docket No. 218], and a hearing is set for December 11, 2024 before Judge Brendan Linehan Shannon. It states the relief may be granted without further hearing if no timely objections are filed, and is signed by David R. Hurst.

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Full text

               Case 24-11217-BLS              Doc 619-1        Filed 10/11/24        Page 1 of 2




                       IN THE UNITED STATES BANKRUPTCY COURT
                            FOR THE DISTRICT OF DELAWARE

                                                      )   Chapter 11
In re:                                                )
                                                      )   Case No. 24-11217 (BLS)
VYAIRE MEDICAL, INC., et al.,1                        )
                                                      )   (Jointly Administered)
                                   Debtors.           )
                                                      )   Obj. Deadline: 11/1/24 at 4:00 p.m. (ET)
                                                      )   Hrg. Date: 12/11/24 at 11:00 a.m. (ET)
                                                          Related to Docket Nos. 402, 592
                                                      )
               NOTICE OF FIRST INTERIM FEE APPLICATION OF
          MCDERMOTT WILL & EMERY LLP, COUNSEL TO THE OFFICIAL
          COMMITTEE OF UNSECURED CREDITORS, FOR ALLOWANCE OF
          COMPENSATION AND REIMBURSEMENT OF EXPENSES FOR THE
             PERIOD FROM JUNE 28, 2024 THROUGH AUGUST 31, 2024

       PLEASE TAKE NOTICE that, on October 11, 2024, the First Interim Fee Application
of McDermott Will & Emery LLP, Counsel to the Official Committee of Unsecured Creditors, for
Allowance of Compensation and Reimbursement of Expenses for the Period from June 28, 2024
through August 31, 2024 (the “Interim Fee Application”), which seeks approval of a fee
application for professional services rendered to the Official Committee of Unsecured Creditors
(the “Committee”) in the amount of $1,275,870.40, together with reimbursement of expenses in
the amount of $4,959.70, was filed with the United States Bankruptcy Court for the District of
Delaware, 824 Market Street, 3rd Floor, Wilmington, Delaware 19801 (the “Court”).

       PLEASE TAKE FURTHER NOTICE that, objections, if any, to the Interim Fee
Application must be made in accordance with the Order (I) Establishing Procedures for Interim
Compensation and Reimbursement of Expenses for Retained Professionals and (II) Granting
Related Relief [Docket No. 218] (the “Interim Compensation Order”), and must be filed with the
Clerk of the Bankruptcy Court and served upon the undersigned counsel and the Application
Recipients (as defined in the Interim Compensation Order) so as to be received no later than
November 1, 2024 at 4:00 p.m. (Eastern Time).

        PLEASE TAKE FURTHER NOTICE that a hearing on the Interim Fee Application
has been scheduled for December 11, 2024 at 11:00 a.m. (Eastern Time) before the Honorable
Brendan Linehan Shannon, United States Bankruptcy Judge, United States Bankruptcy Court for
the District of Delaware, 824 Market Street, 6th Floor, Courtroom No. 1, Wilmington, Delaware
19801.

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 619-1    Filed 10/11/24   Page 2 of 2




     PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTIONS TO THE
INTERIM FEE APPLICATION ARE TIMELY FILED AND RECEIVED IN
ACCORDANCE WITH THE INTERIM COMPENSATION ORDER, THE RELIEF
REQUESTED IN THE INTERIM FEE APPLICATION MAY BE GRANTED WITHOUT
FURTHER NOTICE OR HEARING.

       PLEASE TAKE FURTHER NOTICE that a copy of the Interim Fee Application shall
be provided upon request.

Dated: Wilmington, Delaware             MCDERMOTT WILL & EMERY LLP
       October 11, 2024
                                        /s/ David R. Hurst
                                        David R. Hurst (I.D. No. 3743)
                                        Maris J. Kandestin (I.D. No. 5294)
                                        The Brandywine Building
                                        1000 N. West Street, Suite 1400
                                        Wilmington, Delaware 19801
                                        (302) 485-3900
                                        dhurst@mwe.com
                                        mkandestin@mwe.com

                                        - and -

                                        Darren Azman
                                        Kristin K. Going
                                        One Vanderbilt Avenue
                                        New York, New York 10017
                                        (212) 547-5400
                                        dazman@mwe.com
                                        kgoing@mwe.com

                                        Counsel for the Official Committee
                                        of Unsecured Creditors




                                        2


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