IN RE KMART CORPORATION, et al., Chapter 11, Debtors

Case No. 02-B02474United States Bankruptcy Court, N.D. Illinois.
October 20, 2003

AGREED ORDER RESOLVING REJECTION CLAIM FOR KMART STORE NUMBER 7592
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the rejection damage claim (the “Rejection Claim”) and the administrative damage claim (the “Administrative Claim”) filed by Sanford Freeman, owner of former Kmart Store No. 7592 located in Painted Post, New York; and Kmart Corporation (“Kmart”) having filed an objection to such Rejection Claim and Administrative Claim; and the Court being advised that the Landlord and Kmart have resolved the Rejection Claim and that Landlord has agreed to withdraw the Administrative Claim; and alter due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that Landlord shall have an allowed Class 5 unsecured Trade Vendor/Lease Rejection claim in the agreed amount of $900,000,00 that shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further

ORDERED that Sanford Freeman’s Administrative Claim is deemed satisfied in its entirely; and it is further

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ORDERED that Landlord and any subsequent assignee, designee or successor in interest, is forever barred from asserting collecting, or seeking to collect any further amount with respect to the Lease relating to Kmart Store No. 7592.

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