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Agreed Order Resolving Motion Of Zensar Technologies Inc

Date
2024-11-08

Summary

Exhibit A, filed November 8, 2024 as Doc 716-1 in In re Vyaire Medical, Inc., Case No. 24-11217 (BLS), a Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware, is a proposed agreed order resolving the motion of Zensar Technologies Inc. at Docket No. 699. The order would grant the motion and deem the debtors to reject the Zensar Executory Contracts as of November 14, 2024, and would require any rejection damages claim to be filed within thirty (30) days of entry. It would allow Zensar administrative expenses of $359,244 through October 27, 2024 plus $67,649 for later services, for a total claim of $426,893, to be paid under the Plan unless previously satisfied. It would also authorize the debtors to enter a transition services agreement with Zensar for information technology infrastructure support and cybersecurity operations.

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Full text

Case 24-11217-BLS   Doc 716-1   Filed 11/08/24   Page 1 of 3




                      EXHIBIT A




                           1
               Case 24-11217-BLS             Doc 716-1        Filed 11/08/24        Page 2 of 3




                       IN THE UNITED STATES BANKRUPTCY COURT
                            FOR THE DISTRICT OF DELAWARE

In re:                                             Chapter 11

VYAIRE MEDICAL, Inc.,                              Case No. 24-11217 (BLS)

                              Debtor.              Re: Docket No. 699

    AGREED ORDER RESOLVING MOTION OF ZENSAR TECHNOLOGIES INC.
        FOR ENTRY OF AN ORDER (I) COMPELLING ASSUMPTION OR
       REJECTION OF EXECUTORY CONTRACTS AND (II) ALLOWING
     ADMINISTRATIVE EXPENSES AND COMPELLING PAYMENT THEREOF

         Upon consideration of the motion of Zensar 1 for an order compelling the Debtors to assume

or reject the Zensar Executory Contracts, and for allowance and compelling payment of the Zensar

Administrative Expenses and any responses thereto, after notice and opportunity for a hearing, it

is hereby ORDERED as follows:

         1.      The Motion is GRANTED, as set forth herein.

         2.      The Debtors are hereby deemed to REJECT the Zensar Executory Contracts as of

November 14, 2024.

         3.      If Zensar asserts a general unsecured claim against the Debtors arising from the

rejection of the Zensar Executory Contracts, it must file a proof of claim on or before

thirty (30) days after the entry of this Order. If no proof of claim is timely filed, Zensar shall be

forever barred from asserting a general unsecured claim for damages arising from the rejection

and from participating in any distributions on such a claim that may be made in connection with

these chapter 11 cases.




1
 Capitalized terms used but not otherwise defined herein shall have the meaning ascribed such terms in the Motion
[Docket No. 699].
                Case 24-11217-BLS              Doc 716-1        Filed 11/08/24         Page 3 of 3




         4.       Zensar shall have ALLOWED administrative expenses in the amount of $359,244

for the period from the Petition Date though October 27, 2024, plus $67,649 for services provided

by Zensar to Vyaire during the period from October 28, 2024 through November 14, 2024 for a

total claim of $426,893 (the “Allowed Administrative Expense Claim”).

         5.       Unless previously satisfied, the Debtors are hereby ORDERED to pay the Allowed

Administrative Expense Claim in accordance with the terms of the Plan (as amended).

         6.       The Debtors are hereby AUTHORIZED to enter into a transition services

agreement with Zensar for certain information technology infrastructure support and cybersecurity

operations to be provided by Zensar to the Debtors’ estates for a period commencing on November

14, 2024. 2

         7.       Court retains jurisdiction with respect to all matters arising from or related to the

implementation, interpretation, and enforcement of this order.




2
 Nothing herein should be construed as an obligation of the Debtors to seek court authority to enter into transition
services or other postpetition agreements with vendors.

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