Notice of (I) Entry of Confirmation Order, (II) Occurrence of Effective Date, and (III) Related Bar Dates — Vyaire Medical, 24-11217 (BLS)
Summary
A Notice of (I) Entry of Confirmation Order, (II) Occurrence of Effective Date, and (III) Related Bar Dates, filed November 27, 2024 as Doc 810 in Case No. 24-11217 (BLS), the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al. It states that on November 14, 2024, the Bankruptcy Court confirmed the Second Amended Joint Chapter 11 Plan of Reorganization [Docket No. 719], and that the Effective Date occurred on November 27, 2024. It sets the Administrative Claim Bar Date at December 27, 2024 and the Professional Fee Application Deadline at January 27, 2025. It also states that proofs of claim arising from rejection of Executory Contracts or Unexpired Leases must be filed within thirty (30) days after the later of the dates it lists.
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- Date
- 2024-11-14
Cite this document
“Notice of (I) Entry of Confirmation Order, (II) Occurrence of Effective Date, and (III) Related Bar Dates — Vyaire Medical, 24-11217 (BLS).”
Original at ecf.deb.uscourts.gov, dated 2024-11-14. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-11-14-vyaire-notice-of-plan-effective-date-48901829-1/
, SHA-256 25f28b4d0828d44a4b9c6bb076bf9af00675f42046a96bb7d00e3a1ef80c4e96.Full text
48901829 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 November 14, 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 [Docket No. 719] (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. 745] (the “Confirmation Order”). PLEASE TAKE FURTHER NOTICE THAT the Effective Date, as defined in the Plan, occurred on November 27, 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 the 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 the 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 December 27, 2024 (the “Administrative Claim Bar Date”), which is the first Business Day that is 30 days after the Effective Date. If a 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 810 Filed 11/27/24 Page 1 of 3 2 48901829 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 January 27, 2025 (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, the 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/. Case 24-11217-BLS Doc 810 Filed 11/27/24 Page 2 of 3 3 48901829 Dated: November 27, 2024 Wilmington, Delaware /s/ Patrick J. Reilley 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 Case 24-11217-BLS Doc 810 Filed 11/27/24 Page 3 of 3
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