Case No. 02-B02474United States Bankruptcy Court, N.D. Illinois.
October 20, 2003
AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO 4724
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the cure claim (the “Cure Claim”) filed by the landlord, Hamilton Crossings Acquisition LLC (the “Landlord”) under the lease (the “Lease”) for the property described as Kmart Store No. 4724, and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claim; and the Court being advised that the Landlord and Kmart have resolved the Cure Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that the Landlord shall have an allowed Cure Claim for Store No. 4724 in the agreed amount of $79,708.69, none of which has been paid, Kmart shall pay sum of $79,708,69 to Landlord within 10 days of entry of this Order; and it is further
ORDERED, that Kmart shall make its remittance payable to Hamilton Crossings Acquisition LLC and send the payment to such entity, c/o Robinson Brog Leinwand Greene Genovese Gluck P.C., Attn. Fred B. Ringel, 1345 Avenue of the Americas, 31st Floor, New York, New York 10105-0143; and it is further
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ORDERED that the Landlord, its successors and assigns, are forever barred from asserting collecting, or seeking to collect any cure amounts which were due and owing as of May 6, 2003 in addition to the Cure Claims with respect to the Lease relating to Kmart Store No. 4074.
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