Vyaire - CS First Interim Fee App (June to August 2024)

Summary

Cole Schotz P.C., Delaware co-counsel to the Debtors and Debtors in Possession, submits its first interim fee application for June 9, 2024 through August 31, 2024. It seeks total compensation of $1,552,014.00 and expense reimbursement of $6,030.48, and states that Cole Schotz agreed to reduce its fees by an aggregate of $204.50. The summary table lists $1,241,774.80 of compensation already paid pursuant to a monthly compensation order but not yet allowed. The caption prints a hearing date of December 11, 2024, at 11:00 a.m. (ET).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

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)
)
)
Hearing Date: December 11, 2024, at 11:00 a.m. (ET)
)
Objection Deadline: November 29, 2024, at 4:00 p.m. (ET)
SUMMARY OF FIRST INTERIM
FEE APPLICATION OF COLE SCHOTZ P.C., DELAWARE
CO-COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION,
FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF
EXPENSES FOR THE PERIOD FROM JUNE 9, 2024 THROUGH AUGUST 31, 2024
Name of Applicant:
Cole Schotz, P.C.
Authorized to provide professional
services to:

Vyaire Medical, Inc., et al.
Date of retention:
July 30, 2024 (Effective as of June 9, 2024)
[Docket No. 333]
Period for which compensation
and reimbursement is sought:
June 9, 2024 through August 31, 2024
Amount of compensation sought as
actual, reasonable and necessary:

$1,552,014.002
Amount of expense reimbursement
sought as actual, reasonable and necessary: $6,030.48
This is a(n):
__  monthly _X_ interim ___ final application
Prior Interim Applications:

None
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
Cole Schotz agreed to reduce its fees by an aggregate of $204.50 during the Interim Fee Period, resulting in total
fees in the amount of $1,552,014.00.
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 1 of 17

SUMMARY OF FEES AND EXPENSES REQUESTED
Monthly Application
Requested Fees and
Expense
Allowed Fees and
Expenses
Unpaid Fees and
Expenses
Monthly Fee
Period,
Application
Docket No.,
and Date
Filed
CNO
Docket
No. and
Date
Filed
Total Fees
Requested
Total
Expenses
Requested
Fees -
Amount
Allowed
Expenses -
Amount
Allowed
Unpaid
Fees
Unpaid
Expenses
06/09/24 –
06/30/24
Docket No.
355
08/08/24
Docket
No. 488
08/30/24
$649,315.001
$3,085.71
$519,615.60
$3,085.71
$129,699.40
$0.00
07/01/24 –
07/31/24
Docket No.
510
09/06/24
Docket
No. 594
10/01/24
$489,621.00
$1,494.81
$391,696.80
$1,494.81
$97,924.20
$0.00
08/01/24 –
08/31/24
Docket No.
568
09/24/24
Docket
No. 639
10/17/24
$413,078.00
$1,449.96
$330,462.40
$1,449.96
$82,615.60
$0.00
Total
$1,552,014.00
$6,030.48
$1,241,774.80
$6,030.48
$310,239.20
$0.00
1
Cole Schotz agreed to reduce its fees by an aggregate of $204.50 during the Interim Fee Period, resulting in
total fees in the amount of $1,552,014.00.
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 2 of 17

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)
)
)
Hearing Date: December 11, 2024, at 11:00 a.m. (ET)
)
Objection Deadline: [●] [●], 2024, at 4:00 p.m. (ET)
FIRST INTERIM FEE
APPLICATION OF COLE SCHOTZ P.C., DELAWARE
CO-COUNSEL TO THE DEBTORS AND DEBTORS IN POSSESSION,
FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF
EXPENSES FOR THE PERIOD FROM JUNE 9, 2024 THROUGH AUGUST 31, 2024
Cole Schotz P.C. (the “Applicant” or “Cole Schotz”), Delaware co-counsel to Vyaire
Medical, Inc. and certain of its subsidiaries, the debtors and debtors in possession in the above
captioned cases (collectively, the “Debtors”), hereby submits this first interim fee application
(the “Application”) pursuant to (i) sections 330 and 331 of title 11 of the United State Code, 11
U.S.C. §§ 101-1532 (the “Bankruptcy Code”), (ii) Rule 2016 of the Federal Rules of Bankruptcy
Procedure (the “Bankruptcy Rules”), (iii) Rule 2016-2 of the Local Rules of Bankruptcy
Practice and Procedure of the United States Bankruptcy Court for the District of Delaware
(the “Local Rules”), and (iv) the Order (I) Establishing Procedures for Interim Compensation
and Reimbursement of Expenses for Retained Professionals and (II) Granting Related Relief
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.
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4
[Docket No. 218] (the “Interim Compensation Order”)2 for allowance of compensation for services
rendered and reimbursement of expenses for the period from June 9, 2024 through August 31,
2024 (the “Interim Fee Period”).  In support of this Application, Cole Schotz respectfully
represents as follows:
Jurisdiction and Venue
1.
The United States District Court for the District of Delaware has jurisdiction over
this matter pursuant to 28 U.S.C. §1334, which was referred to the United States Bankruptcy Court
for the District of Delaware (the “Court”) under 28 U.S.C. § 157 and the Amended Standing Order
of Reference from the United States District Court for the District of Delaware, dated February 29,
2012.  The Debtors confirm their consent, pursuant to Local Rule 9013-1(f), to the entry of a final
order by the Court in connection with this Application to the extent that it is later determined that
the Court, absent consent of the parties, cannot enter final orders or judgments in connection
herewith consistent with Article III of the United States Constitution.
2.
Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409.
3.
The statutory bases for the relief sought herein are sections 330 and 331 of the
Bankruptcy Code, Bankruptcy Rule 2016 and Local Rule 2016-2.
Background
A.
The Chapter 11 Cases
4.
On June 9, 2024 (the “Petition Date”), Vyaire Medical, Inc. and certain of its
subsidiaries filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code.  The
2
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the
Interim Compensation Order.
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5
Debtors are operating their business and managing their property as debtors in possession pursuant
to sections 1107(a) and 1108 of the Bankruptcy Code.
5.
On June 11, 2024, the Court entered an order authorizing the procedural
consolidation and joint administration of these chapter 11 cases pursuant to Bankruptcy Rule
1015(b) and Local Rule 1015-1.  See Docket No. 84.
6.
No request for the appointment of a trustee or examiner has been made in these
chapter 11 cases.
7.
On June 26, 2024, the Office of the United States Trustee for the District
of Delaware (the “U.S. Trustee”) appointed the Official Committee of Unsecured Creditors
(the “Committee”).  See Docket No. 121.
8.
A detailed description of the Debtors and their business, including the facts and
circumstances giving rise to the Debtors’ chapter 11 cases, is set forth in the Declaration of John
Bibb, Group Chief Executive Officer of Vyaire Medical, Inc., in Support of Chapter 11 Petitions
and First Day Motions.  See Docket No. 15.
B.
The Retention of Cole Schotz
9.
On July 9, 2024, the Debtors applied to the Court for an order authorizing the
retention and employment of Cole Schotz as Debtors’ Delaware co-counsel effective as of the
Petition Date.  See Docket No. 239.  On July 30, 2024, the Court entered an order authorizing such
retention.  See Docket No. 333.
C.
The Interim Compensation Order
10.
The Interim Compensation Order sets forth the procedures for interim
compensation and reimbursement of expenses in these chapter 11 cases.  Specifically, the Interim
Compensation Order provides that beginning with the period ending on August 31, 2024, and at
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6
three-month intervals thereafter, each of the Professionals may file and serve on the Application
Recipients an interim fee application (each, an “Interim Fee Application”) for compensation and
reimbursement of expenses sought in the Monthly Fee Statements served during such period.  See
Interim Compensation Order ¶ 2(e).  Application Recipients will have twenty-one (21) days after
service of an Interim Fee Application to object thereto (the “Interim Fee Application Objection
Deadline”).  Id.  Provided that no objection to an Interim Fee Application is filed by the Interim
Fee Application Objection Deadline, the Court, in its discretion, may approve an uncontested
Interim Fee Application without the need for a hearing upon the Professional’s filing of a
certificate of no objection.  Id. ¶ 2(f).  Upon allowance by the Court of a Professional’s Interim
Fee Application, the Debtors shall be authorized to promptly pay such Professional all allowed
fees (including the 20% holdback) and expenses not previously paid.  Id.
Relief Requested
11.
Pursuant to the Interim Compensation Order and section 331 of the Bankruptcy
Code, Cole Schotz is seeking compensation in the amount of $1,552,014.003 in fees for
professional services rendered by Cole Schotz during the Interim Fee Period.  This amount is
derived solely from the applicable hourly billing rates of Cole Schotz personnel who rendered such
services to the Debtors.  In addition, Cole Schotz is seeking reimbursement of expenses incurred
during the Interim Fee Period in the amount of $6,030.48.
The Interim Fee Application
and Compliance with Guidelines
12.
This Interim Fee Application was prepared in accordance with (a) Local Rule 2016-
2, (b) the United States Trustee Guidelines for Reviewing Applications for Compensation and
3
Cole Schotz agreed to reduce its fees by an aggregate of $204.50 during the Interim Fee Period, resulting in total
fees in the amount of $1,552,014.00.
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7
Reimbursement of Expenses Filed Under 11 U.S.C. § 330 by Attorneys in Larger Chapter 11
Cases, adopted on June 11, 2013 (the “UST Guidelines”), and (c) the Interim Compensation Order
(collectively with Local Rule 2016-2 and the UST Guidelines, the “Guidelines”).
13.
Annexed hereto are various schedules required by the Guidelines, as applicable.
14.
Applicant provides the following responses to the questions set forth under ¶ C.5
of Appendix B of the UST Guidelines.
Question:
Did you agree to any variations from, or alternatives
to, your standard or customary billing rates, fees or
terms for services pertaining to this engagement that
were provided during the application period?  If so,
please explain.
Response:
No.
Question:
If the fees sought in this fee application as compared
to the fees budgeted for the time period covered by
this fee application are higher by 10% or more, did
you discuss the reasons for the variation with the
client?
Response:
The fees sought in this Interim Fee Application are
less than the amount budgeted for the Interim Fee
Period.
Question:
Have any of the professionals included in this fee
application varied their hourly rates based on the
geographic location of the bankruptcy case.
Response:
No.
Question:
Does the fee application include time or fees related
to reviewing or revising time records or preparing,
reviewing, or revising invoices?  If so, please
quantify by hours and fees.
Response:
This Interim Fee Application does not include any
fees dedicated to revising time records or preparing
and revising invoices that would not normally be
compensable outside of bankruptcy.
Question:
Does this fee application include time or fees for
reviewing time records to redact any privileged or
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8
other confidential information?  If so, please quantify
by hours and fees.
Response:
No.
Question:
Does this fee application include rate increases since
retention?
Response:
No.
Reasonable and Necessary Services
15.
The services for which Cole Schotz seeks compensation were, at the time rendered,
necessary for, beneficial to and in the best interests of, the Debtors and the Debtors’ estates.  The
services rendered were consistently performed in a timely manner commensurate with the
complexity, importance and nature of the issues involved.  In accordance with the factors
enumerated in section 330 of the Bankruptcy Code, it is respectfully submitted that the amount
requested by Applicant is fair and reasonable given (a) the complexity of these cases, (b) the time
expended, (c) the nature and extent of the services rendered, (d) the value of such services, and (e)
the costs of comparable services other than in a case under this title.
Notice
16.
Cole Schotz will provide notice and serve this Application on the Application
Recipients (as defined and set forth in the Interim Compensation Order).  In light of the nature of
the relief requested in this Application, Cole Schotz submits that no other or further notice is
required.
No Prior Request
17.
No prior request for the relief sought in the Application has been made to this or
any other court.
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9
Certification of Compliance and Waiver
18.
The undersigned representative of Cole Schotz certifies that he has reviewed the
requirements of Local Rule 2016-2, and that the Application substantially complies with that Local
Rule.  To the extent that the Application does not comply in all respects with the requirements of
Local Rule 2016-2, Cole Schotz believes that such deviations are not material and respectfully
requests that any such requirements be waived.
Conclusion
WHEREFORE, Cole Schotz respectfully requests the Court enter an order (a) approving
the Interim Fee Application; (b) awarding Cole Schotz compensation for the Interim Fee Period in
the amount of $1,552,014.00 and reimbursement for actual and necessary expenses in the amount
of $6,030.48; (c) authorizing the payment of such sums to Cole Schotz pursuant to the Interim
Compensation Order; and (d) granting such other and further relief as the Court may deem just
and proper.
[Remainder of Page Intentionally Left Blank]
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 9 of 17

10
Dated: November 8, 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
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 10 of 17

VYAIRE MEDICAL, INC., ET AL.
CUSTOMARY AND COMPARABLE COMPENSATION DISCLOSURES
The aggregate hourly rate for all Cole Schotz Delaware, New Jersey and New York non-
bankruptcy timekeepers (including both attorneys and paralegals) (the “Non-Bankruptcy Blended
Rate”) for the year ending December 31, 2023 (the “Comparable Period”) was $545.85 per hour,
and the aggregate hourly rate for all Cole Schotz Delaware, New Jersey and New York bankruptcy
timekeepers (including both attorneys and paralegals) (the “Bankruptcy Blended Rate”) for the
Comparable Period was $637.37 per hour.
The blended hourly rate for all Cole Schotz timekeepers (including both attorneys and
paralegals) who provided services to the Debtors during the Interim Fee Period was approximately
$642.05 per hour.
Category of
Timekeeper
2023
Bankruptcy
Blended Rate
2023 Non-
Bankruptcy
Blended Rate
Interim Fee Period
Blended Rate
Member
$765.64
$665.22
$758.26
Special Counsel
N/A
$673.65
587.24
Associate
$475.36
$421.60
$479.84
Paralegal
$356.74
$335.20
$380.12
Aggregate
$637.37
$545.85
$642.05
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 11 of 17

VYAIRE MEDICAL, INC., ET AL.
BUDGET AND BILLING BY PROJECT CATEGORY
JUNE 9, 2024 THROUGH AUGUST 31, 2024
Project Category
Budgeted
Hours
Budgeted
Fees
Total
Hours
Total
Fees
Asset Acquisitions/Business Combinations
5.0
$3,175.00
0.7
$1,032.50
Asset Dispositions, Sales, Uses, and Leases
200.0
$127,000.00
195.6
$111,063.00
Automatic Stay Matters/Litigation
15.0
$9,525.00
0.2
$161.00
Business Operations
5.0
$3,175.00
3.6
$2,105.00
Case Administration
160.0
$101,600.00
157.9
$101,176.50
Cash Collateral and DIP Financing
30.0
$19,050.00
25.7
$16,731.00
Claims Analysis, Administration and Objections
15.0
$9,525.00
10.6
$6,231.50
Committee Matters and Creditor Meetings
5.0
$3,175.00
0.8
$644.00
Creditor Inquiries
10.0
$6,350.00
1.7
$1,360.50
Disclosure Statement/Voting Issues
10.0
$6,350.00
0.1
$80.50
Document Review
5.0
$3,175.00
0.8
$920.00
Document Review/Committee Investigation
5.0
$3,175.00
0.6
$690.00
Employee Matters
10.0
$6,350.00
3.0
$1,949.50
Executory Contracts
25.0
$15,875.00
17.1
$9,676.00
Fee Application Matters/Objections
35.0
$22,225.00
33.2
$17,293.50
General
5.0
$3,175.00
4.5
$2,814.50
Leases (Real Property)
10.0
$6,350.00
7.5
$3,688.00
Litigation/Gen. (Except Automatic Stay)
40.0
$25,400.00
38.7
$30,660.50
Other Investigative Matters
1,500.0
$952,500.00
1,498.6
$1,003,538.50
Preparation for and Attendance at Hearings
125.0
$79,375.00
122.7
$69,619.00
Reorganization Plan
10.0
$6,350.00
14.8
$9,124.00
Reports, Statements and Schedules
45.0
$28,575.00
41.7
$27,684.00
Retention Matters
100.0
$63,500.00
100.6
$52,345.50
Rule 2004 Motions and Subpoenas
100.0
$63,500.00
96.9
$59,993.00
Tax/General
10.0
$6,350.00
5.9
$3,402.50
U.S. Trustee Matters and Meetings
30.0
$19,050.00
25.6
$12,388.50
Utilities/Sec. 366 Issues
10.0
$6,350.00
3.7
$2,242.00
Valuation
5.0
$3,175.00
0.5
$402.50
Vendor Matters
10.0
$6,350.00
4.3
$3,201.50
TOTAL
2,535.00
$1,609,725.00
2,417.6
$1,552,218.50
VOLUNTARY REDUCTION
$204.50
TOTAL WITH VOLUNTARY REDUCTION
1,552,014.00
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 12 of 17

SUMMARY OF BILLING BY PROFESSIONAL
JUNE 9, 2024 THROUGH AUGUST 31, 2024
Attorney Name
Year
Admitted
Position
(Department)
Hourly
Billing Rate
Total Hours
Billed
Total
Compensation
Michael D. Sirota
1986
Member
(Bankruptcy)
$1,475.00
6.4
$9,440.00
Warren A. Usatine
1995
Member
(Bankruptcy &
Litigation)
$1,150.00
10.4
$11,960.00
Steven L. Klepper
1993
Member
(Litigation)
$875.00
20.1
$17,587.50
J. Jeffrey Cash
2003
Member
(Corporate)
$875.00
0.7
$612.50
Patrick J. Reilley
2003
Member
(Bankruptcy)
$805.00
72.9
$58,684.50
Jason R. Melzer
2001
Member
(Litigation)
$800.00
51.0
$40,800.00
Jamie Clare
1994
Member
(Litigation)
$780.00
33.4
$26,052.00
Stacy L. Newman
2007
Member
(Bankruptcy)
$725.00
51.1
$37,047.50
Rachel A. Mongiello
2010
Member
(Litigation)
$650.00
55.6
$36,140.00
Megan B. Kilzy
2010
Member
(Litigation)
$625.00
3.8
$2,375.00
H.C. Jones, III
2016
Member
(Bankruptcy &
Litigation)
$540.00
6.6
$3,564.00
Jamie A. Quick
2001
Special
Counsel
(Litigation)
$620.00
30.7
$19,034.00
Brandon M. Fierro
2012
Special
Counsel
(Litigation)
$560.00
0.4
$224.00
Andreas A. Apostolides
2013
Associate
(Tax)
$580.00
3.2
$1,856.00
Ian R. Phillips
2015
Associate
(Litigation)
$550.00
34.7
$19,085.00
Michael E. Fitzpatrick
2022
Associate
(Bankruptcy)
$500.00
124.6
$62,300.00
Marian A. Bekheet
2015
Associate
(Tax)
$480.00
17.3
$8,304.00
Arjun Padmanabhan
2022
Associate
(Litigation)
$385.00
17.5
$6,737.50
Melissa M. Hartlipp
2022
Associate
(Bankruptcy)
$385.00
13.3
$5,120.50
Dalila E. Haden
2023
Associate
(Litigation)
$350.00
19.2
$6,720.00
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 13 of 17

2
Attorney Name
Year
Admitted
Position
(Department)
Hourly
Billing Rate
Total Hours
Billed
Total
Compensation
Patt Feuerbach
N/A
Senior
eDiscovery
Analyst
$435.00
11.2
$4,872.00
VOLUNTARY REDUCTION
N/A
$204.50
TOTAL
2,417.6
$1,552,014.00
Total Requested Compensation (with voluntary reduction): $1,552,014.00
Total Attorney Compensation:
$1,473,194.00
Blended Rate All Attorneys:
$665.64
Blended Rate All Timekeepers:
$642.05
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 14 of 17

VYAIRE MEDICAL, INC., ET AL.
SUMMARY OF BILLING BY EXPENSE CATEGORY
JUNE 9, 2024 THROUGH AUGUST 31, 2024
Expense Category
Service Provider
(if applicable)
Total Expenses
Photocopying/Printing/Scanning
(6,106 pages @ $0.10 per page)
$610.60
Outside Photocopying
Reliable/Parcels
$2,004.02
Delivery/Couriers
Reliable/Parcels
$696.46
Court Fees
PACER Service Center
$790.60
Filing Fees
U.S. Bankruptcy Court;
U.S. District Court
$500.00
Datahost
Relativity
$242.00
Luncheon/Dinner Conferences for Hearings
$390.75
Transcripts
Reliable/Parcels
$620.05
Online Research
Westlaw/LexisNexis
$176.00
TOTAL
$6,030.48
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 15 of 17

VYAIRE MEDICAL, INC., ET AL.
STAFFING PLAN FOR COLE SCHOTZ P.C.
JUNE 9, 2024 – AUGUST 31, 2024
ALL FIGURES ARE ESTIMATES
Category
of Timekeeper
Estimated Number of Timekeepers Expected to
Work on Matters During the Budget Period
Average
Hourly Rate
Members &
Special Counsel
14
$740.00
Associates
8
$480.00
Paralegals
1
$380.00
Estimated Blended Hourly Rate:
$635.00
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 16 of 17

SUMMARY OF INTERIM FEE APPLICATION
Name of Applicant
Cole Schotz P.C.
Name of Client
Vyaire Medical, Inc., et al.
Fee period covered by Interim Fee Application
June 9, 2024 through August 31, 2024
Total compensation sought during Interim Period
$1,552,014.001
Total expenses sought during Interim Period
$6,030.48e
Petition Date
June 9, 2024
Retention Date
June 9, 2024
Date of order approving employment
July 30, 2024
Total compensation approved by interim order to date
$0.00
Total expenses approved by interim order to date
$0.00
Total allowed compensation paid to date
$1,241,774.80
Total allowed expenses paid to date
$6,030.48
Blended rate in Interim Fee Application for all Attorneys
$665.64
Blended rate in Interim Fee Application for all Timekeepers
$642.05
Compensation sought in this Interim Fee Application already
paid pursuant to a monthly compensation order but not yet
allowed
$1,241,774.80
Expenses sought in this Interim Fee Application already
 paid pursuant to a monthly compensation order but not yet
allowed
$6,030.48
Number of professionals included in this Interim Fee Application
28
If applicable, number of professionals in this Interim Fee
Application not included in staffing plan
N/A
If applicable, difference between fees budgeted and
compensation sought for this Interim Fee Period
Budgeted: $1,609,725.00
Difference: ($57,711.00)
Number of professionals billing fewer than 15 hours
to the case during this Interim Fee Period:
7
Are any rates higher than those approved or disclosed at
retention?  If yes, calculate and disclose the total compensation
sought in this Interim Fee Application using the rates originally
disclosed in the retention application:
No
1
Cole Schotz agreed to reduce its fees by an aggregate of $204.50 during the Interim Fee Period, resulting in total fees in the amount
of $1,552,014.00.
Case 24-11217-BLS    Doc 715    Filed 11/08/24    Page 17 of 17

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