Vyaire - Notice of Filing Revised Proposed Confirmation Order
- Date
- 2024-11-14
Summary
Exhibit B, a form of Confirmation Order Notice filed November 14, 2024 as Case 24-11217-BLS Doc 745-2 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware. The draft notice, with dates and docket numbers left blank, announces entry of an order confirming the Second Amended Joint Chapter 11 Plan of Reorganization of Vyaire Medical, Inc. and Its Debtor Affiliates and the occurrence of the Effective Date. It states that proofs of claim arising from rejected executory contracts or unexpired leases must be filed within thirty (30) days, and sets an Administrative Claim Bar Date 30 days and a Professional Fee Application Deadline sixty (60) days after the Effective Date. The four-page form is marked DRAFT for signature by Cole Schotz P.C. and Kirkland & Ellis LLP as co-counsel to the Debtors.
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Case 24-11217-BLS Doc 745-2 Filed 11/14/24 Page 1 of 4
Exhibit B
Confirmation Order Notice
Case 24-11217-BLS Doc 745-2 Filed 11/14/24 Page 2 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re: ) Chapter 11
)
VYAIRE MEDICAL, INC., et al.,1 ) Case No. 24-11217 (BLS)
)
Debtors. ) (Jointly Administered)
)
NOTICE OF (I) ENTRY OF CONFIRMATION ORDER,
(II) OCCURRENCE OF EFFECTIVE DATE, AND (III) RELATED BAR DATES
PLEASE TAKE NOTICE THAT on [●], 2024, the United States Bankruptcy Court for
the District of Delaware (the “Bankruptcy Court”) confirmed the [Second Amended Joint Chapter
11 Plan of Reorganization of Vyaire Medical, Inc. and Its Debtor Affiliates Pursuant to Chapter
11 of the Bankruptcy Code] [Docket No. [●]] (the “Plan”),2 which was attached as Exhibit A to
the [Findings of Fact, Conclusions of Law, and Order Confirming the Second Amended Joint
Chapter 11 Plan of Reorganization of Vyaire Medical, Inc. and Its Debtor Affiliates Pursuant to
Chapter 11 of the Bankruptcy Code] [Docket No. [●]] (the “Confirmation Order”).
PLEASE TAKE FURTHER NOTICE THAT the Effective Date, as defined in the Plan,
occurred on [_______], 2024.
PLEASE TAKE FURTHER NOTICE THAT pursuant to Article V of the Plan, unless
otherwise provided by a Final Order of the Bankruptcy Court, all Proofs of Claim with respect to
Claims arising from the rejection of Executory Contracts or Unexpired Leases, pursuant to the
Plan or this Confirmation Order, if any, must be Filed with the Bankruptcy Court within thirty (30)
days after the later of (1) the date of entry of an order of the Bankruptcy Court (including this
Confirmation Order) approving such rejection, (2) the effective date of such rejection, or (3) the
Effective Date. All Allowed Claims arising from the rejection of the Debtors’ Executory Contracts
or Unexpired Leases shall be classified as General Unsecured Claims and shall be treated in
accordance with Article III of the Plan or such other treatment as agreed to by the Wind-Down
Debtor and the Holder of such Claim.
PLEASE TAKE FURTHER NOTICE THAT, except as otherwise provided by the
Confirmation Order, the Plan, or a Final Order of the Bankruptcy Court, the deadline for filing
requests for payment of Administrative Claims shall be the later of [_______], 202[●] (the
“Administrative Claim Bar Date”), which is the first Business Day that is 30 days after the
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.
2 Capitalized terms used but not otherwise defined herein shall have the meanings given to them in Plan.
Case 24-11217-BLS Doc 745-2 Filed 11/14/24 Page 3 of 4
Effective Date. If a Holder of an Administrative Claim (other than DIP Claims, Professional
Fee Claims, or claims subject to section 503(b)(1)(D) of the Bankruptcy Code) that is
required to, but does not, file and serve a request for payment of such Administrative Claim
by the Administrative Claim Bar Date, such Holder shall be forever barred, estopped, and
enjoined from asserting such Administrative Claims against the Debtors, the Wind-Down
Debtor, or their property without the need for any objection from the Wind-Down Debtor
or any notice to or action, order, or approval of the Bankruptcy Court.
PLEASE TAKE FURTHER NOTICE THAT, pursuant to the Plan, the Deadline to file
final requests for payment of Professional Fee Claims is [_______], 202[●] (the “Professional Fee
Application Deadline”), which is the first Business Day that is sixty (60) days after the Effective
Date. All professionals must file final requests for payment of Professional Fee Claims by no later
than the Professional Fee Application Deadline to receive final approval of the fees and expenses
incurred in these Chapter 11 Cases.
PLEASE TAKE FURTHER NOTICE THAT the Plan and its provisions are binding on
the Debtors, the Wind-Down Debtor, any Holder of a Claim or Interest and such Holder’s
respective successors and assigns, whether or not the Claim or Interest of such Holder is Impaired
under the Plan, and whether or not such Holder or Entity voted to accept the Plan.
PLEASE TAKE FURTHER NOTICE THAT the Plan, this Confirmation Order, and
other documents and materials filed in these Chapter 11 Cases may be obtained at no charge from
Omni Agent Solutions, Inc., the notice and claims agent retained by the Debtors in these Chapter
11 Cases (the “Notice and Claims Agent”) by (a) visiting the Debtors’ restructuring website at
https://omniagentsolutions.com/Vyaire, (b) writing to: Omni Agent Solutions, Inc., Re: Vyaire
Medical, Inc. et al., 5955 De Soto Avenue, Suite 1000, Woodland Hills, CA 91367, (c) emailing
Vyaireinquiries@omniagnt.com, or (d) calling the Debtors’ Notice and Claims Agent at (866) 956-
2140 (Domestic) or +1 (818) 666-3635 (International). You may also obtain copies of any
pleadings filed in these Chapter 11 Cases for a fee via PACER at: https://ecf.deb.uscourts.gov/.
2
Case 24-11217-BLS Doc 745-2 Filed 11/14/24 Page 4 of 4
Dated: [●], 2024
Wilmington, Delaware
/s/ DRAFT
COLE SCHOTZ P.C. KIRKLAND & ELLIS LLP
Patrick J. Reilley (No. 4451) KIRKLAND & ELLIS INTERNATIONAL LLP
500 Delaware Avenue, Suite 1410 Joshua A. Sussberg, P.C. (admitted pro hac vice)
Wilmington, Delaware 19801 601 Lexington Ave
Telephone: (302) 652-3131 New York, New York 10022
Facsimile: (302) 652-3117 Telephone: (212) 446-4800
Email: preilley@coleschotz.com Facsimile: (212) 446-4900
Email: joshua.sussberg@kirkland.com
- and - - and -
Michael D. Sirota, Esq. (admitted pro hac vice) Spencer A. Winters, P.C. (admitted pro hac vice)
Warren A. Usatine, Esq (admitted pro hac vice) Yusuf U. Salloum (admitted pro hac vice)
Court Plaza North, 25 Main Street 333 West Wolf Point Plaza
Hackensack, New Jersey 07601 Chicago, Illinois 60654
Telephone: (201) 489-3000 Telephone: (312) 862-2000
Facsimile: (201) 489-1536 Facsimile: (312) 862-2200
Email: msirota@coleschotz.com Email: spencer.winters@kirkland.com
wusatine@coleschotz.com yusuf.salloum@kirkland.com
Co-Counsel to the Debtors Co-Counsel to the Debtors
and Debtors in Possession and Debtors in Possession
3
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