Case No. 02-02474, (Jointly Administered) Chapter 11United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June, 26, 2002
ORDER RE MOTION OF GBR MIDDLESEX LIMITED LIABILITY COMPANY FOR ORDER COMPELLING DEBTOR TO COMPLY WITH 11 U.S.C. § 365 (d)(3)
SUSAN PIERSON SONDERBY, United States Bankruptcy Judge
GBR Middlesex Limited Liability Company (“Landlord”) having moved for an order compelling the Debtor to comply with 11 U.S.C. § 365
(d)(3), and the parties having advised the Court that the relief requested with respect to real property taxes is moot, and the parties having further advised the Court that the remaining relief sought in the Motion is settled as set forth herein,
NOW, THEREFORE, IT IS HEREBY ORDERED that Kmart Corporation (“Kmart”) shall pay to the Landlord $11,428.35 for application to and final settlement of 2001 common area maintenance (“CAM”) charges.
IT IS FURTHER ORDERED that Kmart will pay the 2002 estimated monthly CAM charge of $2,000 (including $4,326 deducted from January through June payments), provided that Kmart otherwise reserves all of its rights under the Lease with respect to the 2002 CAM charges.
IT IS FURTHER ORDERED that the provisions of the order shall not be later used as an admission by either party in any proceeding.