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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re:
)
Chapter 11
)
VYAIRE MEDICAL, INC.1
)
Case No. 24-11217 (BLS)
)
Liquidating Debtor.
)
)
)
Re: Docket No. 745
NOTICE TO CONTRACT PARTIES OF POTENTIALLY ASSUMED EXECUTORY
CONTRACTS PURSUANT TO THE JOINT CHAPTER 11 PLAN
YOU ARE RECEIVING THIS NOTICE BECAUSE YOU ARE A COUNTERPARTY TO
AN EXECUTORY CONTRACT WITH ONE OR MORE OF THE DEBTORS AS SET
FORTH ON EXHIBIT A ATTACHED HERETO.
PLEASE TAKE FURTHER NOTICE that on November 11, 2024, the above
captioned debtors and debtors in possession (the “Debtors”) filed the Second Amended Joint
Chapter 11 Plan of Vyaire Medical, Inc. and its Debtor Affiliates [Docket No. 719] (the “Plan”)
2.
PLEASE TAKE FURTHER NOTICE that on November 14, 2024, the Bankruptcy
Court entered the Findings of Fact, Conclusions of Law, and Order Approving the Debtors’
Disclosure Statement for, and Confirming the Second Amended Joint Chapter 11 Plan of Vyaire
Medical, Inc. and Its Debtor Affiliates Pursuant to Chapter 11 of the Bankruptcy Code [Docket
No. 745].
PLEASE TAKE FURTHER NOTICE that the Effective Date of the Plan occurred on
November 27, 2024 [Docket No. 810].
PLEASE TAKE FURTHER NOTICE that, pursuant to Article V of the Plan, the
Debtors may assume or assume and assign, the Executory Contracts or Unexpired Leases listed
on Exhibit A to which you are a counterparty (each a “Potentially Assumed Contract”). The Plan
Administrator has conducted a review of the Debtors’ books and records and has determined that
1 This chapter 11 case is now being administered by the Plan Administrator pursuant to the terms of the Findings
of Fact, Conclusions of Law, and Order Approving the Debtors’ Disclosure Statement for, and Confirming the
Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and Its Debtor Affiliates Pursuant to Chapter
11 of the Bankruptcy Code [Docket No. 745]. The Plan Administrator’s mailing address is Vyaire Medical,
Inc., Attn: David M. Barse, Plan Administrator, c/o Cole Schotz P.C., 500 Delaware Avenue, Suite 1410,
Wilmington, DE 19801.
2
Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Plan.
Case 24-11217-BLS Doc 992 Filed 02/24/25 Page 1 of 3
2
the cure amount for unpaid monetary obligations under such Potentially Assumed Contracts is
set forth on Exhibit A attached hereto (the “Cure Amount”).
PLEASE TAKE FURTHER NOTICE that if you disagree with the proposed Cure
Amount, your objection must: (i) be in writing; (ii) comply with the applicable provisions of the
Bankruptcy Rules, Local Bankruptcy Rules, and the Plan; (iii) state with specificity the nature of
the objection and, if the objection pertains to the proposed Cure Amount, state the correct cure
amount alleged to be owed, together with any applicable and appropriate documentation in
support thereof; and (iv) be filed with the Court and served and actually received by March 10,
2025 at 4:00 p.m. (the “Objection Deadline”) by the Court and the following parties: counsel
for the Plan Administrator, Cole Schotz P.C., 500 Delaware Avenue, Suite 1410, Wilmington,
Delaware 19801, Attn: Patrick J. Reilley, Esq. (preilley@coleschotz.com) and Michael E.
Fitzpatrick, Esq. (mfitzpatrick@coleschotz.com) and Cole Schotz P.C., Court Plaza North, 25
Main
Street,
Hackensack,
New
Jersey
07601,
Attn.:
Matteo
Percontino,
Esq.
(mpercontino@coleschotz.com).
PLEASE TAKE FURTHER NOTICE that, if no objection to the Cure Amount is filed
by the Objection Deadline, then (i) you will be deemed to have stipulated that the Cure Amount
as determined by the Plan Administrator is correct and (ii) you will be forever barred, estopped,
and enjoined from asserting any additional cure amount under the proposed Potentially Assumed
Contract.
PLEASE TAKE FURTHER NOTICE that, notwithstanding anything herein, the mere
listing of any Potentially Assumed Contract on this notice does not require or guarantee that such
Potentially Assumed Contract will be assumed by the Plan Administrator on behalf of the
Debtors, and all rights of the Plan Administrator to remove any Potentially Assumed Contract
prior to assumption are reserved.
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Case 24-11217-BLS Doc 992 Filed 02/24/25 Page 2 of 3
Dated: February 24, 2025
Wilmington, Delaware
/s/ Patrick J. Reilley
COLE SCHOTZ P.C.
Patrick J. Reilley (No. 4451)
Stacy L. Newman (No. 5044)
500 Delaware Avenue, Suite 1410
Wilmington, Delaware 19801
Telephone:
(302) 652-3131
Facsimile:
(302) 652-3117
Email:
preilley@coleschotz.com
snewman@coleschotz.com
- and -
Michael D. Sirota, Esq. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice)
Matteo Percontino, Esq. (admitted pro hac vice)
Court Plaza North, 25 Main Street
Hackensack, New Jersey 07601
Telephone:
(201) 489-3000
Facsimile:
(201) 489-1536
Email:
msirota@coleschotz.com
wusatine@coleschotz.com
mpercontino@coleschotz.com
Counsel to the Plan Administrator
Case 24-11217-BLS Doc 992 Filed 02/24/25 Page 3 of 3