Case No. 02-B02474, (Jointly Administered)United States Bankruptcy Court, N.D. Illinois, Eastern Division.
July 24, 2002
John Wm. Butler, Jr. (ARDC No. 06209373), J. Erie Ivester (ARDC No. 06215581) and Mark A. McDermott (ARDC No. 06209460), SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, Illinois, Attorneys for the Debtors and Debtors-in-Possession.
Paul M. Bauch, BAUCH MICHAELS, Chicago, Illinois, Attorneys for Cedarbrook Plaza, Inc.
AGREED ORDER PURSUANT TO 11 U.S.C. § 365 (a) APPROVING SETTLEMENT OF CURE CLAIM AMOUNT FOR THE NON-RESIDENTIAL REAL PROPERTY WITH RESPECT TO DEBTORS’ STORE NUMBER 9422 IN CEDABROOK, PENNSYLVANIA
SUSAN PIERSON SONDERBY, United States Bankruptcy Judge.
In accordance with the Order (A) Establishing Bidding Procedures in Connection with the Sale of Certain Leases Including, without limitation, Termination Fee Provisions, (B) Approving the Form and Manner of Notice of Sale, (C) Approving Forms of Purchase Agreement and Termination Agreement, (D) Setting a Hearing Date to Consider Approval of the Sale, and (E) Granting Related Relief (the “Order”) entered on May 10, 2002 and with respect to that certain Notice of Cure Amount filed by Cedarbrook Plaza, Inc. (the “Landlord”) on May 13, 2002 and any supplements or amendments as filed thereto (the “Cure Claim”), and upon the agreement of Kmart Corporation (“Kmart”) and certain of its domestic subsidiaries and affiliates, debtors and debtors-in-possession in the above-captioned cases (collectively, the “Debtors”) and the Landlord as to the amount of the cure claim with respect to lease for Debtors’s Store Number 9422 in Cedarbrook, Pennsylvania (the “Lease”), as evidenced by the signatures below and as set forth herein, IT IS ORDERED, ADJUDGED AND DECREED:
i. Within thirty days of the assumption of the Lease, the Debtors agree to pay the sum of $75,175.99 to Landlord, which amount corresponds to the amounts shown on the Debtors’ books and records as due and owing for the period up to and including January 21, 2002.
ii. Landlord agrees that the payment of the above-referenced amount is in full satisfaction of its Cure Claim through January 21, 2002 with respect to the Lease, including, but not limited to, all amounts shown on Exhibit A attached hereto.
iii. Nothing in this Agreed Order shall affect the rights of the Landlord with respect to (i) any and all obligations becoming due and owing under the Lease after January 21, 2002, except to the extent any such obligations are reflected on Exhibit A attached hereto, and (ii)any mechanic’s liens against the property that is the subject of the Lease.
EXHIBIT A PREPETITION RECIEVABLES
[EDITORS’ NOTE: EXHIBT ”A” IS ELECTRONICALLY NON-TRANSFERRABLE.]