Full text
CLARKHILL\E5295\501492\280147618.v1-12/26/24
EXHIBIT A
Case 24-11217-BLS Doc 890-1 Filed 12/26/24 Page 1 of 3
CLARKHILL\E5295\501492\280147618.v1-12/26/24
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re:
VYAIRE MEDICAL, INC. et al.,
Debtors.1
)
)
)
)
)
)
)
)
Chapter 11
Case No. 24-11217 (BLS)
(Jointly Administered)
Related to Dkt. No.
ORDER GRANTING MOTION OF MATHESON TRI-GAS, INC., FOR
ALLOWANCE AND PAYMENT OF ADMINISTRATIVE EXPENSE
CLAIM AGAINST VYAIRE MEDICAL, INC.
Upon consideration of the Motion of Matheson Tri-Gas, Inc., for Allowance and Payment
of Administrative Expense Claim Against Vyaire Medical, Inc. (the “Motion”2) seeking allowance
of a $55,158.82 administrative expense claim against VMI pursuant to sections 105(a), 503(b)(1)(A),
and 507(a)(2) of the Bankruptcy Code to be paid within 30 days after entry of the this order (the
“Order”), all as more fully described in the Motion; and the Court having jurisdiction to consider
the Motion and the relief requested therein pursuant to 28 U.S.C. § 1334; and consideration of the
Motion and the requested relief being a core proceeding pursuant to 28 U.S.C. §157(b)(2)(A–B,
O); and venue being proper in this district pursuant to 28 U. S.C. §§ 1408–09; and due and proper
notice of the Motion having been served, and it appearing that no other or further notice need be
provided; and the Court having reviewed the Motion and determined that the legal and factual
bases set forth therein establish just cause for the relief granted herein; and upon all of the
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 N. Riverwoods Blvd., Mettawa, IL 60045.
2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Motion.
Case 24-11217-BLS Doc 890-1 Filed 12/26/24 Page 2 of 3
CLARKHILL\E5295\501492\280147618.v1-12/26/24
proceedings had before the Court and after due deliberation and sufficient cause appearing
therefor;
IT IS HEREBY ORDERED THAT:
1.
The Motion is Granted.
2.
The MTG Administrative Claim is allowed as an administrative claim held by
MTG against VMI in the total aggregate amount of $55,158.82 under section 503(b)(a)(1)(A) of
the Bankruptcy Code.
3.
VMI shall pay the allowed MTG Administrative Claim in full within 30 days
following the entry of this Order pursuant to Article II.A of the Plan and section 507(a)(2) of the
Bankruptcy Code.
4.
This Order shall be binding upon (i) any liquidating trustee, plan administrator,
distribution agent and/or any other person appointed pursuant to any chapter 11 plan confirmed in
these cases, including but not limited to the Plan; (ii) any chapter 11 trustee appointed in these
cases; and/or (iii) any chapter 7 trustee appointed or elected in these cases.
5.
This Court shall retain jurisdiction to interpret, implement and enforce the
provisions of this Order.
Case 24-11217-BLS Doc 890-1 Filed 12/26/24 Page 3 of 3