IN RE CLARK RETAIL ENTERPRISES, INC. (Bankr.N.D.Ill. 2004)

In re: CLARK RETAIL ENTERPRISES, INC., a Delaware corporation; and CLARK RETAIL GROUP, INC., a Delaware corporation, Chapter 11 Debtors.

Case No. 02-40045 (JHS) (Jointly Administered with Case No. 02-40046 (JHS)).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
October 27, 2004

Shalom L. Kohn, Dennis M. Twomey SIDLEY AUSTIN BROWN WOOD LLP Counsel for Canadian Imperial Bank of Commerce, Administrative Agent for the Pre-Petition Lenders.

T. Scott Leo John E. Sebastian Jennifer L. Susnjara LEO
WEBER, P.C. Counsel for RLI Insurance Company.

Jim Petro — Attorney General of Ohio John K. McManus — Assistant Attorney General Attorneys for State of Ohio.

ORDER REGARDING WITHDRAWAL OF MOTION
JOHN SQUIRES, Bankruptcy Judge

Upon the filing by Canadian Imperial Bank of Commerce (“CIBC”), as Administrative Agent for the Debtors’ prepetition lenders, of the Notice of Withdrawal of Motion of Canadian Imperial Bank of Commerce Seeking Enforcement of Order (the “Bond Order”) Requiring Return of Collateral in Connection with Cancellation of Certain Bonds (the “Motion”); CIBC, RLI Insurance Company and the State of Ohio having agreed to the withdrawal of the Motion without prejudice; and after due deliberation and good and sufficient cause appearing therefor, it is hereby

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ORDERED, that the Motion is withdrawn without prejudice; and it is further

ORDERED that the withdrawal of the Motion shall not have any effect on this Court’s jurisdiction to enforce the Bond Order in the event the Motion is renewed, which shall be determined as if the Motion had not been withdrawn; provided, however, any and all rights and defenses of RLI and the State of Ohio with respect to any such renewed Motion also are preserved.

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