Vyaire - COC re First Omnibus Fee Order
- Date
- 2024-12-09
Summary
A certification of counsel filed December 9, 2024 as Doc 830 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. It concerns the proposed first omnibus order awarding interim allowance of compensation and reimbursement of expenses on the Professionals' Interim Fee Applications [Docket Nos. 619, 633, 698, 715, 734 & 742]. The certification states that informal comments from the U.S. Trustee were resolved by agreed reductions and that the Fee Examiner's report [Docket No. 827] recommends approval subject to negotiated adjustments. It reports no other objections, notes a hearing set for December 11, 2024, and attaches the Proposed Order as Exhibit A. It is signed by co-counsel to the Debtors.
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Case 24-11217-BLS Doc 830 Filed 12/09/24 Page 1 of 3
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
CERTIFICATION OF COUNSEL REGARDING FIRST OMNIBUS
ORDER AWARDING INTERIM ALLOWANCE OF COMPENSATION
FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES
The undersigned counsel to the above-captioned debtors and debtors in possession
(collectively, the “Debtors”) hereby certifies as follows:
1. 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 the Professionals filed Interim Fee
Applications [Docket Nos. 619, 633, 698, 715, 734 & 742] with the United States Bankruptcy
Court for the District of Delaware (the “Court”).
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 Filed 12/09/24 Page 2 of 3
2. Pursuant to the Interim Fee Applications, objections were to be filed and served no
later than the objection deadline set forth in each Interim Fee Application, the last of which expired
on December 4, 2024, at 4:00 p.m. (prevailing Eastern Time).
3. The Office of the United States Trustee for the District of Delaware
(the “U.S. Trustee”) provided certain informal comments with respect to previously filed Monthly
Fee Statements. The informal comments were resolved by, among other things, certain agreed
upon reductions reflected in the Proposed Order (as defined below).
4. Further, pursuant to the Fee Examiner Order, the Fee Examiner filed the Fee
Examiner's Final Report Pertaining to Interim Fee Applications of Certain Retained Professionals
[Docket No. 827] (the “Fee Examiner Report”). As set forth in the Fee Examiner Report, the Fee
Examiner recommends the approval of the fees and expenses requested in the Interim Fee
Applications subject to the negotiated adjustments. The negotiated adjustments in the Interim Fee
Applications address the Fee Examiner’s concerns and are reflected in the Proposed Order (as
defined below).
5. Other than the Fee Examiner Report and the informal comments received from the
U.S. Trustee, the Professionals received no objections or other responses to the Interim Fee
Applications, and no objections or responses have been filed on the docket.
6. The hearing to consider approval of the Interim Fee Applications is currently
scheduled for December 11, 2024, at 11:00 a.m. (prevailing Eastern Time).
7. Counsel to the Debtors prepared a proposed form of order (the “Proposed Order”)
approving the Interim Fee Applications, which is attached hereto as Exhibit A.
8. The Proposed Order has been circulated to the Professionals, the U.S. Trustee, and
the Fee Examiner. The Professionals, the U.S. Trustee, and the Fee Examiner do not object to
entry of the Proposed Order.
2
Case 24-11217-BLS Doc 830 Filed 12/09/24 Page 3 of 3
9. Accordingly, the Debtors respectfully request that the Court entered the Proposed
Order at its earliest convenience.
Dated: December 9, 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)
Warren A. Usatine, Esq (admitted pro hac vice) Spencer A. Winters, P.C. (admitted pro hac vice)
Court Plaza North, 25 Main Street Yusuf U. Salloum (admitted pro hac vice)
Hackensack, New Jersey 07601 333 West Wolf Point Plaza
Telephone: (201) 489-3000 Chicago, Illinois 60654
Facsimile: (201) 489-1536 Telephone: (312) 862-2000
Email: msirota@coleschotz.com Facsimile: (312) 862-2200
wusatine@coleschotz.com Email: spencer.winters@kirkland.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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