Fee Application of Berkeley Research Group, LLC for Compensation for Services Rendered — Financial Advisor — Vyaire Medical (No. 24-11217)

Summary

Notice filed in In re Vyaire Medical, Inc., Chapter 11 Case No. 24-11217 (BLS), in the United States Bankruptcy Court for the District of Delaware. It gives notice that Berkeley Research Group, LLC, financial advisor to the Official Committee of Unsecured Creditors, filed a Second Interim and Final Fee Application on January 24, 2025, which seeks approval of a fee application for professional services in the amount of $1,801,323.00. Objections are due by February 14, 2025 at 4:00 p.m. (Eastern Time), and a hearing is scheduled for March 5, 2025 at 10:30 a.m. before the Honorable Brendan Linehan Shannon. If no objections are timely filed, the relief requested may be granted without further notice or hearing. The signature block names David R. Hurst of McDermott Will & Emery LLP as counsel for the Committee.

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re:

VYAIRE MEDICAL, INC., et al.,1

Debtors.
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Chapter 11

Case No. 24-11217 (BLS)

(Jointly Administered)

Obj. Deadline: 2/14/25 at 4:00 p.m. (ET)
Hearing Date: 3/5/25 at 10:30 a.m. (ET)
Related to Docket Nos. 524, 612, 633, 735, 799, 906

NOTICE OF SECOND INTERIM AND FINAL FEE 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 (I) THE INTERIM
PERIOD FROM SEPTEMBER 1, 2024 THROUGH NOVEMBER 14, 2024; (II) THE
FINAL PERIOD FROM JUNE 28, 2024 THROUGH NOVEMBER 14, 2024; (III) THE
POST-CONFIRMATION PERIOD FROM NOVEMBER 15, 2024 THROUGH
NOVEMBER 27, 2024; AND (IV) THE POST-EFFECTIVE DATE PERIOD FROM
NOVEMBER 28, 2024 THROUGH JANUARY 22, 2025
To:
(i) the Application Recipients and (ii) all parties entitled to notice under Del. Bankr. L.R.
2002-1(b).  Parties receiving notice in the above-captioned chapter 11 cases pursuant to
Fed. R. Bankr. P. 2002 shall receive this Notice only.

PLEASE TAKE NOTICE that, on January 24, 2025, the Second Interim and Final Fee
Application of Berkeley Research Group, LLC, Financial Advisor to the Official Committee of
Unsecured Creditors, for Allowance of Compensation and Reimbursement of Expenses for (I) the
Interim Period From September 1, 2024 Through November 14, 2024; (II) the Final Period From
June 28, 2024 Through November 14, 2024; (III) The Post-Confirmation Period From November
15, 2024 Through November 27, 2024; and (IV) The Post-Effective Date Period From November
28, 2024 Through January 22, 2025 (the “Final Fee Application”),2 which seeks approval of a fee
application for professional services rendered to the Official Committee of Unsecured Creditors
(the “Committee”) in the amount of $1,801,323.00, was filed with the United States Bankruptcy
Court for the District of Delaware, 824 Market Street, 3rd Floor, Wilmington, Delaware 19801
(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 defined herein shall have the meanings ascribed to such items in the Final Fee
Application.
Case 24-11217-BLS    Doc 973-1    Filed 01/24/25    Page 1 of 2

2
PLEASE TAKE FURTHER NOTICE that, objections, if any, to the Final Fee
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
February 14, 2025 at 4:00 p.m. (Eastern Time).

PLEASE TAKE FURTHER NOTICE that a hearing on the Final Fee Application has
been scheduled for March 5, 2025 at 10:30 a.m. (Eastern Time) 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.

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

PLEASE TAKE FURTHER NOTICE that a copy of the Final Fee Application shall be
provided upon request.

Dated: Wilmington, Delaware

January 24, 2025

MCDERMOTT WILL & EMERY LLP

/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

Case 24-11217-BLS    Doc 973-1    Filed 01/24/25    Page 2 of 2

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