Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
September 24, 2003
AGREED ORDER RESOLVING CURE CLAIMS ASSERTED BY ACADIA LANDLORDS (Store No. 3244, 3885, 4713, 3136, 3641, 7075 ad 9416)
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the expedited cure claims (the “Cure Claims”) filed by (i) Mark Shillington, LP (Store No, 3136); (ii) Acadia Realty Limited Partnership (Store Nos. 3244, 3885 and 4713); (iii) Mark Manahawkin, L.P. (Store No. 3641); (iv) Mark Three Realty, LP (Store No, 7075); and (v) Crossroads Joint Venture (Store No. 9416) (collectively, the “Acadia Landlords”); KMart Corporation (“KMart”) having paid the Cure Claims in part and having otherwise filed objections to the Cure Claims; the Court being advised that the Acadia Landlords and KMart have resolved all issues concerning the remaining balance of the Cure Claims and KMart’s objection thereto; and after due deliberation, and sufficient cause appearing therefore, it is hereby
ORDERED that the outstanding Cure Claim amounts listed on attached Exhibit A are hereby deemed allowed;
ORDERED that KMart shall pay such Cure Claim amounts within 10 days of the date of entry of this Order; and it is further
ORDERED that, except as provided herein, all persons are forever barred from asserting, collecting, or seeking to collect any cure amounts with respect to the leases described on Exhibit A.
KMART CURE CLAIM SETTLEMENTS WITH ACADIA LANDLORDS
Agreed Upon Cure Amounts Paid to Unpaid Balance Store Landlord Claim Date of Cure Claim
3136 Mark $20,464.79 $7,207.64 $13,257.15 Shillington, LP
3244 Acadia $40,846.45 $20,602.73 $20,243,72 Realty Limited Partnership
3641 Mark $6,086.86 Manahawkin, L.P.
3885 Acadia $16,598.17 Realty Limited Partnership
4713 Acadia $11,477.91 $3,626.36 $7,851.54 Realty Limited Partnership
7075 Mark Three $37,742.42 $20,932.43 $16,809.66 Realty, LP
9416 Crossroads $19,170.42 $14,377.82 $4,792.60 Joint Venture