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Revised Salesforce Vyaire Request for Payment v2

Date
2024-12-27

Summary

Doc 893-2, filed December 27, 2024 in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), jointly administered Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware, is Exhibit A containing a form of Order Granting Motion for Allowance and Payment of Administrative Expense Claim of Salesforce, Inc. The order recites that the motion seeks allowance of a $207,783.78 administrative expense claim under 11 U.S.C. §503(b)(1)(A) and that the court has jurisdiction under 28 U.S.C. § 1334. Its decretal paragraphs would grant the request, allow Salesforce, Inc. an administrative expense of $207,783.78, and direct the Debtor to pay it as soon as practicable. It would make the order binding on any liquidating trustee, plan administrator, subchapter V trustee or chapter 7 trustee, and the court would retain jurisdiction.

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Full text

Case 24-11217-BLS   Doc 893-2   Filed 12/27/24   Page 1 of 3




   EXHIBIT “A”
                Case 24-11217-BLS              Doc 893-2        Filed 12/27/24         Page 2 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)


         ORDER GRANTING MOTION FOR ALLOWANCE AND PAYMENT OF
            ADMINISTRATIVE EXPENSE CLAIM OF SALESFORCE, INC.

         Upon consideration of the Motion For Allowance And Payment Of Administrative Expense

Claim Of Salesforce, Inc. (the “Administrative Expense Request”) seeking allowance of a

$207,783.78 administrative expense claim pursuant to 11 U.S.C. §503(b)(1)(A), all as more fully

described in the Administrative Expense Request; and the Court having jurisdiction to consider

the Administrative Expense Request and the relief requested therein pursuant to 28 U.S.C. § 1334;

and consideration of the Administrative Expense Request and the requested relief being a core

proceeding pursuant to 28 U.S.C. §157(b)(2); and venue being proper before this Court pursuant

to 28 U.S.C. §§ 1408 and 1409; and due and proper notice of the Administrative Expense Request

having been served, and it appearing that no other or further notice need be provided; and the Court

having reviewed the Administrative Expense Request and determined that the legal and factual

bases set forth therein establish just cause for the relief granted herein; and upon all of the

proceedings had before the Court and after due deliberation and sufficient cause appearing



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, along with the last four digits of their U.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.




34174224v.2
                Case 24-11217-BLS         Doc 893-2      Filed 12/27/24      Page 3 of 3




  therefor;

          IT IS HEREBY ORDERED THAT:

          1.     The Administrative Expense Request is GRANTED.

          2.     Salesforce, Inc. shall have an allowed administrative expense under Bankruptcy

  Code section 503(b)(a)(1)(A) in the amount of $207,783.78 (the “Allowed Salesforce

  Administrative Claim”).

          3.     The Debtor shall pay the Allowed Salesforce Administrative Claim as soon as

  practicable after the entry of this Order.

          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; (ii) any subchapter V 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.




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34174224v.2

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