Vyaire - Notice re BRG First Interim Fee Application

Summary

This notice concerns the First Interim Application of Berkeley Research Group, LLC as Financial Advisor to the Official Committee of Unsecured Creditors for the period from June 28, 2024 through August 31, 2024, filed on October 16, 2024. The notice states the application seeks approval of a fee application for professional services in the amount of $935,753.00. It states objections must be received no later than November 6, 2024, and that a hearing is scheduled for December 11, 2024 before the Honorable Brendan Linehan Shannon. The notice is in Case No. 24-11217 (BLS), Doc 633-1.

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Full text

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re:

VYAIRE MEDICAL, INC., et al.,1

Debtors.
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Chapter 11

Case No. 24-11217 (BLS)

(Jointly Administered)

Obj. Deadline: 11/6/24 at 4:00 p.m. (ET)
Hrg. Date: 12/11/24 at 11:00 a.m. (ET)
Related to Docket Nos. 524, 612

NOTICE OF FIRST INTERIM APPLICATION OF BERKELEY
RESEARCH GROUP, LLC FOR COMPENSATION FOR SERVICES RENDERED
AND REIMBURSEMENT OF EXPENSES INCURRED AS FINANCIAL ADVISOR
TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS DURING
THE PERIOD FROM JUNE 28, 2024 THROUGH AUGUST 31, 2024

PLEASE TAKE NOTICE that, on October 16, 2024, the First Interim Application of
Berkeley Research Group, LLC for Compensation for Services Rendered and Reimbursement of
Expenses Incurred as Financial Advisor to the Official Committee of Unsecured Creditors
During 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 $935,753.00,
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 6, 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 633-1    Filed 10/16/24    Page 1 of 2

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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

October 16, 2024

MCDERMOTT WILL & EMERY LLP

/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

Case 24-11217-BLS    Doc 633-1    Filed 10/16/24    Page 2 of 2

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