Vyaire - COC re Omnibus Final Fee Order (KE and PJT)
- Date
- 2025-01-21
Summary
Exhibit A, a proposed omnibus fee order in In re Vyaire Medical, Inc., et al., Case No. 24-11217 (BLS), a jointly administered Chapter 11 case in the U.S. Bankruptcy Court for the District of Delaware, filed January 21, 2025 as Doc 939-1. The proposed order would grant the final fee applications of Kirkland & Ellis LLP and Kirkland & Ellis International LLP, counsel to the debtors, and PJT Partners LP, investment banker to the debtors, citing the Fee Examiner Report [Docket No. 938]. It would allow compensation and expenses on a final basis and direct payment of any unpaid amounts. Exhibit 1 lists final fees requested of $12,250,591.82 for Kirkland & Ellis and $8,135,000.00 for PJT Partners, with total fees and expenses approved of $20,431,670.90. The document is five pages.
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Case 24-11217-BLS Doc 939-1 Filed 01/21/25 Page 1 of 5
Exhibit A
Proposed Order
Case 24-11217-BLS Doc 939-1 Filed 01/21/25 Page 2 of 5
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. 882 & 883
OMNIBUS FEE ORDER AWARDING KIRKLAND
& ELLIS LLP, KIRKLAND & ELLIS INTERNATIONAL LLP
AND PJT PARTNERS LP FINAL ALLOWANCE OF COMPENSATION
FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES
Upon consideration of the final fee applications (each a “Final Fee Application” and
collectively, the “Final Fee Applications”) of the professionals referenced on Exhibit 1
(each a “Professional” and collectively, the “Professionals”), for the final allowance of
compensation, including all holdbacks, for professional services rendered and reimbursement of
expenses incurred during the periods set forth on Exhibit 1 (the “Final Compensation Period’),
filed in accordance with the Second Amended Joint Chapter 11 Plan of Vyaire Medical, Inc. and
Its Debtor Affiliates [Docket No. 719] (the “Plan”) 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 and the Court having reviewed the Final Fee
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 Plan, Fee Examiner Order or 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”).
Case 24-11217-BLS Doc 939-1 Filed 01/21/25 Page 3 of 5
Application of each Professional and the Fee Examiner’s Final Report Pertaining to Interim and
Final Fee Applications for Debtor Professionals Kirkland & Ellis LLP and PJT Partners LP
[Docket No. 938] (the “Fee Examiner Report”); and it appearing that all of the requirements, as
applicable, of sections 327, 328, 330, 331 and 503(b) of title 11 of the Bankruptcy Code, as well
as Bankruptcy Rule 2016 and Local Rule 2016-2, have been satisfied; and it further appearing that
the expenses incurred were reasonable and necessary; and that notices of the Final Fee
Applications were appropriate; and after due deliberation and sufficient cause appearing therefor;
IT IS HEREBY ORDERED THAT:
1. Each Final Fee Application is GRANTED and APPROVED as set forth herein.
2. Each of the Professionals is allowed compensation on a final basis for services
rendered and reimbursement for actual and necessary expenses incurred during the Final
Compensation Period in the amounts set forth on Exhibit 1.
3. To the extent not already paid pursuant to the Interim Compensation Order, each
Professional shall be paid one-hundred percent (100%) of the fees and one-hundred percent
(100%) of the expenses listed on Exhibit 1 under the column labeled “Total Amount of Fees and
Expenses Approved Under this Order” that have not yet been paid in satisfaction of the allowed
fees and expenses for services rendered and expenses incurred during the Final Compensation
Period.
4. As set forth in the Fee Examiner Report, the Fee Examiner has resolved all fees and
expenses with the Professionals, and there are no unresolved fees and expenses that would be
subject to further Court order.
5. This Order shall be deemed a separate order with respect to each Final Fee
Application. Any stay of this Order pending appeal with respect to any one Professional shall only
Case 24-11217-BLS Doc 939-1 Filed 01/21/25 Page 4 of 5
apply to the particular Professional that is the subject of such appeal, and shall not operate to stay
the applicability and/or finality of this Order with respect to any other Professional.
6. This Court shall retain jurisdiction over all matters arising from or related to the
interpretation, implementation, and/or enforcement of this Order.
Case 24-11217-BLS Doc 939-1 Filed 01/21/25 Page 5 of 5
Exhibit 1
Final Fee Applications
Vyaire Medical, Inc., et al.
Case No. 24-11218 (BLS)
Total Amount
Professional Final Fee Final Expenses
Final Fees Requested of Fees and Expenses
and Title Period Requested
Approved Under this Order
Kirkland & Ellis LLP and
06/09/2024 –
Kirkland & Ellis International LLP $12,250,591.82 $72,213.15 $12,292,457.47
11/14/2024
Counsel to the Debtors
PJT Partners LP 06/09/2024 –
$8,135,000.00 $4,213.43 $8,139,213.43
Investment Banker to the Debtors 11/14/2024
TOTAL N/A $20,385,591.82 $76,426.58 $20,431,670.90
File and source
- File
- gov.uscourts.deb.193283.939.1.pdf
- Size
- 82,365 bytes
- SHA-256
- c6f7d09965c0a592846f66cf1e6f792c0808a71d96491c0fbfdf17fb63e67da8
- Original
- No public link identified.