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Vyaire - Notice re BRG Monthly Fee Applications

Date
2025-01-20

Summary

A notice filed December 30, 2024 as Doc 906-1 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 gives notice of the Fifth Monthly Application of Berkeley Research Group, LLC for compensation and reimbursement of expenses as financial advisor to the Official Committee of Unsecured Creditors for November 1, 2024 through November 14, 2024. Objections must follow the Interim Compensation Order at Docket No. 218 and be received by January 20, 2025 at 4:00 p.m. (Eastern Time). A hearing before Judge Brendan Linehan Shannon will be held only if an objection is filed, and otherwise the relief may be granted without further notice. The notice is signed by David R. Hurst of McDermott Will & Emery LLP, counsel for the committee.

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Full text

               Case 24-11217-BLS              Doc 906-1        Filed 12/30/24        Page 1 of 2




                       IN THE UNITED STATES BANKRUPTCY COURT
                            FOR THE DISTRICT OF DELAWARE

                                                      )   Chapter 11
In re:                                                )
                                                      )   Case No. 24-11217 (BLS)
VYAIRE MEDICAL, INC., et al.,1                        )
                                                      )   (Jointly Administered)
                                   Debtors.           )
                                                      )   Obj. Deadline: 1/20/25 at 4:00 p.m. (ET)
                                                      )   Hrg. Date: Only if an objection is filed

          NOTICE OF FIFTH MONTHLY APPLICATION OF BERKELEY
    RESEARCH GROUP, LLC FOR COMPENSATION FOR SERVICES RENDERED
    AND REIMBURSEMENT OF EXPENSES INCURRED AS FINANCIAL ADVISOR
      TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS DURING
      THE PERIOD FROM NOVEMBER 1, 2024 THROUGH NOVEMBER 14, 2024

        PLEASE TAKE NOTICE that, on December 30, 2024, the Fifth Monthly Application of
Berkeley Research Group, LLC for Compensation for Services Rendered and Reimbursement of
Expenses Incurred as Financial Advisor to the Official Committee of Unsecured Creditors
During the Period From November 1, 2024 Through November 14, 2024 (the “Application”)
was filed with the United States Bankruptcy Court for the District of Delaware, 824 Market
Street, 3rd Floor, Wilmington, Delaware 19801 (the “Court”).

       PLEASE TAKE FURTHER NOTICE that, objections, if any, to the Application must
be made 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 must be filed with the Clerk of the
Bankruptcy Court and served upon the undersigned counsel and the Application Recipients (as
defined in the Interim Compensation Order) so as to be received no later than January 20, 2025
at 4:00 p.m. (Eastern Time).

        PLEASE TAKE FURTHER NOTICE that, if an objection is properly filed and served
in accordance with the above procedures, a hearing (the “Hearing”) on the Application will be
held at a time and date to be determined before the Honorable Brendan Linehan Shannon, United
States Bankruptcy Judge, United States Bankruptcy Court for the District of Delaware, 824
Market Street, 6th Floor, Courtroom No. 1, Wilmington, Delaware 19801. Only objections made
in writing and timely filed and received will be considered by the Court at such Hearing.

                              [Remainder of Page Intentionally Left Blank]


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.
           Case 24-11217-BLS   Doc 906-1   Filed 12/30/24   Page 2 of 2




     PLEASE TAKE FURTHER NOTICE THAT IF NO OBJECTIONS TO THE
APPLICATION ARE TIMELY FILED AND RECEIVED IN ACCORDANCE WITH
THE INTERIM COMPENSATION ORDER, THE RELIEF REQUESTED IN THE
APPLICATION MAY BE GRANTED WITHOUT FURTHER NOTICE OR HEARING.

Dated: Wilmington, Delaware           MCDERMOTT WILL & EMERY LLP
       December 30, 2024
                                      /s/ David R. Hurst
                                      David R. Hurst (I.D. No. 3743)
                                      Maris J. Kandestin (I.D. No. 5294)
                                      The Brandywine Building
                                      1000 N. West Street, Suite 1400
                                      Wilmington, Delaware 19801
                                      (302) 485-3900
                                      dhurst@mwe.com
                                      mkandestin@mwe.com

                                      - and -

                                      Darren Azman
                                      Kristin K. Going
                                      One Vanderbilt Avenue
                                      New York, New York 10017
                                      (212) 547-5400
                                      dazman@mwe.com
                                      kgoing@mwe.com

                                      Counsel for the Official Committee
                                      of Unsecured Creditors




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