Case No. 02-B02474 (Jointly Administered)United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 28, 2002
John Wm. Butler, Jr. (ARDC No. 06209373), J. Eric Ivester (ARDC No. 06215581), Mark A. McDermott (ARDC No. 06209460), SKADDEN, ARPS, SLATE, MEAGHER FLOM (ILLINOIS), Chicago, Illinois 60606-1285, Attorneys for the Debtors and Debtors-in-Possession
Paige Macdonald-Matthes, SAUL EWING, LLP, Harrisburg, Pennsylvania 17101, Attorney for Hanover Mall Realty Associates, LP.
AGREED ORDER FOR THE TERMINATION OF LEASE (STORE #7125)
SUSAN PIERSON SONDERBY, Chief 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 (Docket No. 2978), and upon the agreement of Kmart Corporation and certain of its domestic subsidiaries and affiliates, debtors and debtors-in-possession in the above-captioned cases (the “Debtors”) and Hanover Mall Realty Associates, LP (“Landlord”);
1. The lease termination agreement, dated June 19, 2002, by and between Landlord and Kmart Corporation, attached hereto as Exhibit 1, is approved and the Debtors are authorized to implement the transactions set forth in Exhibit 1.
2. The Court shall retain exclusive jurisdiction to resolve any dispute arising from the matters set forth herein.
3. To the extent that this Order is inconsistent with any prior order or pleading with respect to this matter, the terms of this Order shall govern.