Vyaire - COC re First Omnibus Fee Order
- Date
- 2024-12-09
Summary
Doc 830-1, filed 12/09/24 in the jointly administered Chapter 11 cases of Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit A, a proposed First Omnibus Order Awarding Interim Allowance of Compensation for Services Rendered and Reimbursement of Expenses. The proposed order grants the interim fee applications of the professionals listed on Exhibit 1, citing the Interim Compensation Order [Docket No. 218], the Fee Examiner Order [Docket No. 690] and the Fee Examiner Report [Docket No. 827]. It states that the Fee Examiner has resolved all fees and expenses with the professionals. Exhibit 1 lists six professionals, including Kirkland & Ellis LLP at $9,314,478.39 approved, with totals of $15,482,965.65 in fees requested and $15,427,152.30 approved.
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Case 24-11217-BLS Doc 830-1 Filed 12/09/24 Page 1 of 5
Exhibit A
Proposed Order
Case 24-11217-BLS Doc 830-1 Filed 12/09/24 Page 2 of 5
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)
)
) Re: Docket Nos. 619, 633, 698, 715, 734 & 742
FIRST OMNIBUS ORDER AWARDING
INTERIM ALLOWANCE OF COMPENSATION FOR
SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES
Upon consideration of the interim fee applications (each a “Interim Fee Application” and
collectively, the “Interim Fee Applications”) of various professionals referenced on Exhibit 1
(each a “Professional” and collectively, the “Professionals”), for the interim allowance of
compensation, including all holdbacks, for professional services rendered and reimbursement of
expenses incurred during the periods set forth on Exhibit 1 (the “Interim Compensation Period’),
filed 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 the Order Appointing Fee Examiner
and Establishing Related Procedures for the Review of Fee Applications of Retained Professionals
[Docket No. 690] (the “Fee Examiner Order”);2 and the Court having reviewed the Interim Fee
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 ascribed to them in the Interim
Compensation Order or the Fee Examiner Order, as applicable.
Case 24-11217-BLS Doc 830-1 Filed 12/09/24 Page 3 of 5
Application of each Professional and the Fee Examiner's Final Report Pertaining to Interim Fee
Applications of Certain Retained Professionals [Docket No. 827] (the “Fee Examiner Report”);
and it appearing that all of the requirements, as applicable, of sections 327, 328, 330, 331 and
503(b) of title 11 of the Bankruptcy Code, as well as Bankruptcy Rule 2016 and Local Rule 2016-
2, have been satisfied; and it further appearing that the expenses incurred were reasonable and
necessary; and that notices of the Interim Fee Applications were appropriate; and after due
deliberation and sufficient cause appearing therefor; IT IS HEREBY ORDERED THAT:
1. Each Interim Fee Application is GRANTED and APPROVED as set forth herein.
2. Each of the Professionals is allowed compensation on an interim basis for services
rendered and reimbursement for actual and necessary expenses incurred during the Interim
Compensation Period in the amounts set forth on Exhibit 1.
3. To the extent not already paid pursuant to the Interim Compensation Order, each
Professional shall be paid one-hundred percent (100%) of the fees and one-hundred percent
(100%) of the expenses listed on Exhibit 1 under the column labeled “Total Amount of Fees and
Expenses Approved Under this Order” that have not yet been paid in satisfaction of the allowed
fees and expenses for services rendered and expenses incurred during the Interim Compensation
Period.
4. As set forth in the Fee Examiner Report, the Fee Examiner has resolved all fees and
expenses with the Professionals, and there are no unresolved fees and expenses that would be
subject to further Court order.
5. This Order shall be deemed a separate order with respect to each Interim Fee
Application. Any stay of this Order pending appeal with respect to any one Professional shall only
Case 24-11217-BLS Doc 830-1 Filed 12/09/24 Page 4 of 5
apply to the particular Professional that is the subject of such appeal, and shall not operate to stay
the applicability and/or finality of this Order with respect to any other of the Professionals.
6. This Court shall retain jurisdiction over all matters arising from or related to the
interpretation, implementation, and/or enforcement of this Order.
Case 24-11217-BLS Doc 830-1 Filed 12/09/24 Page 5 of 5
Exhibit 1
Interim Fee Applications
Vyaire Medical, Inc., et al.
Case No. 24-11218 (BLS)
Total Amount
Professional Interim Fee Interim Expenses
Interim Fees Requested of Fees and Expenses
and Title Period Requested
Approved Under this Order
Kirkland & Ellis LLP and
6/9/2024 –
Kirkland & Ellis International LLP $9,309,620.32 $65,000.23 $9,314,478.39
8/31/2024
Counsel to the Debtors
Cole Schotz P.C. 6/9/2024 –
Delaware Co-Counsel to the Debtors $1,552,014.00 $6,030.48 $1,548,894.48
8/31/2024
PJT Partners LP 6/9/2024 –
Investment Banker to the Debtors $1,228,333.33 $2,104.96 $1,230,438.29
8/31/2024
BDO USA, P.C. 6/9/2024 –
Tax Accountant to the Debtors $1,181,374.60 $0.00 $1,146,258.04
8/31/2024
McDermott Will & Emery LLP
Counsel to the Official Committee of 6/28/2024 –
$1,275,870.40 $4,959.70 $1,258,330.10
Unsecured Creditors 8/31/2024
Berkeley Research Group LLC
Financial Advisor to the Official 6/28/2024 –
$935,753.00 $0.00 $928,753.00
Committee of Unsecured Creditors 8/31/2024
TOTAL N/A $15,482,965.65 $78,095.37 $15,427,152.30
File and source
- File
- gov.uscourts.deb.193283.830.1.pdf
- Size
- 84,601 bytes
- SHA-256
- 2571060ee147315d431be60147b830def94906082e8e6eff8a91c378464b0cf5
- Original
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