Vyaire - COC re Omnibus Final Fee Order (KE and PJT)
- Date
- 2025-01-21
Summary
A certification of counsel filed January 21, 2025 as Doc 939 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. It concerns an omnibus order awarding Kirkland & Ellis LLP, Kirkland & Ellis International LLP and PJT Partners LP final allowance of compensation and reimbursement of expenses on their final fee applications [Docket Nos. 882 & 883]. The certification states that informal comments from the U.S. Trustee and concerns in the Fee Examiner's final report [Docket No. 938] were resolved through agreed reductions reflected in a proposed order, and that no other objections were filed. It notes a hearing set for January 29, 2025 and asks the court to enter the proposed order, attached as Exhibit A.
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Case 24-11217-BLS Doc 939 Filed 01/21/25 Page 1 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)
)
) Re: Docket Nos. 882 & 883
CERTIFICATION OF COUNSEL REGARDING
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
The undersigned counsel to the above-captioned debtors and debtors in possession
(collectively, the “Debtors”) hereby certifies as follows:
1. 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 Kirkland & Ellis LLP and Kirkland
& Ellis International LLP and PJT Partners LP (collectively, the “Professionals”) filed their final
fee applications [Docket Nos. 882 & 883] (collectively, the “Final Fee Applications”) with the
United States Bankruptcy Court for the District of Delaware (the “Court”).
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].
Case 24-11217-BLS Doc 939 Filed 01/21/25 Page 2 of 3
2. Pursuant to the Final Fee Applications, objections were to be filed and served no
later than January 13, 2025, at 4:00 p.m. (prevailing Eastern Time).
3. The Office of the United States Trustee for the District of Delaware
(the “U.S. Trustee”) provided certain informal comments with respect to Monthly Fee Statements
previously filed by the Professionals. The informal comments were resolved by, among other
things, certain agreed upon reductions reflected in the Proposed Order (as defined below).
4. Further, pursuant to the Fee Examiner Order, the Fee Examiner filed 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”). As set forth in the Fee Examiner Report, the Fee Examiner recommends the approval
of the fees and expenses requested in the Final Fee Applications subject to the negotiated
adjustments. The negotiated adjustments address the Fee Examiner’s concerns with respect to the
Final Fee Applications and are reflected in the Proposed Order (as defined below).
5. Other than the Fee Examiner Report and the informal comments received from the
U.S. Trustee, the Professionals received no objections or other responses to the Final Fee
Applications, and no objections or responses have been filed on the docket.
6. The hearing to consider approval of the Final Fee Applications is scheduled for
January 29, 2025, at 10:30 a.m. (prevailing Eastern Time).
7. Counsel to the Debtors prepared a proposed form of order (the “Proposed Order”)
approving the Final Fee Applications, which is attached hereto as Exhibit A.
8. The Proposed Order has been circulated to the Professionals, the U.S. Trustee, and
the Fee Examiner. The Professionals, the U.S. Trustee, and the Fee Examiner do not object to
entry of the Proposed Order.
2
Case 24-11217-BLS Doc 939 Filed 01/21/25 Page 3 of 3
9. Accordingly, the Debtors respectfully request that the Court entered the Proposed
Order at its earliest convenience.
Dated: January 21, 2025
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
3
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