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Vyaire - Notice re BRG Monthly Fee Applications — In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS)

Date
2024-12-04

Source document: Vyaire - Notice re BRG Monthly Fee Applications; document type: Notice of monthly fee application (attachment to Docket No. 735).

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: 12/4/24 at 4:00 p.m. (ET)
Hrg. Date: Only if an objection is filed

NOTICE OF THIRD MONTHLY 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 SEPTEMBER 1, 2024 THROUGH SEPTEMBER 30, 2024

PLEASE TAKE NOTICE that, on November 13, 2024, the Third Monthly 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 September 1, 2024 Through September 30, 2024 (the “Application”)
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 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 December 4, 2024
at 4:00 p.m. (Eastern Time).

PLEASE TAKE FURTHER NOTICE that, if an objection is properly filed and served
in accordance with the above procedures, a hearing (the “Hearing”) on the Application will be
held at a time and date to be determined 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.  Only objections made
in writing and timely filed and received will be considered by the Court at such Hearing.
[Remainder of Page Intentionally Left Blank]

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 735-1    Filed 11/13/24    Page 1 of 2

2

PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTIONS TO THE
APPLICATION ARE TIMELY FILED AND RECEIVED IN ACCORDANCE WITH
THE INTERIM COMPENSATION ORDER, THE RELIEF REQUESTED IN THE
APPLICATION MAY BE GRANTED WITHOUT FURTHER NOTICE OR HEARING.

Dated: Wilmington, Delaware

November 13, 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 735-1    Filed 11/13/24    Page 2 of 2

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