Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 25, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NUMBER 6885
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Columbine Partners (the “Claimant”); under the Leases of the property described as Kmart Store Number 6885, Littleton, Colorado; and Kmart Corporation (“Kmart”) having filed objections to the Lease Rejection Claim; and the Court being advised that Claimant and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Columbine Partners shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $290,099.82, which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further
ORDERED that the distributions to be made on account of the Allowed Class 5 Rejection Claim pursuant to the terms of Kmart’s plan of reorganization shall be made to:
a. Company Legal Name the stock will be registered in: Columbine Partners
b. Company Tax ID #: 51-0247480
c. Company Contact: Kathy Stephens
d. Company Address: 2 Ponds Edge Drive Chadds Ford, PA 19317
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and it is further
ORDERED that upon entry of this Order, the Lease Rejection Claim of Columbine Partners arising out of the lease of Store 6885, Littleton, Colorado shall be deemed satisfied in its entirety; and it is further
ORDERED that Columbine Partners, and its successors, assigns or designees and all other persons are forever barred from asserting, collecting, or seeking to collect any amounts from Kmart in addition to the amounts set forth herein with respect to Kmart Store Number 6885.
ORDERED that Kmart and any past, present or future assignee, designee or successor in interest thereto, is forever barred from asserting, collecting, or seeking to collect any claims against Landlord or its successors and assigns relating in any way to Store No. 6885; and it is further
ORDERED that, except as otherwise indicated hereinabove, all persons who received notice are forever barred from asserting collecting or seeking to collect any lease rejection or administrative expense amount in addition to the amounts set forth herein with respect to the Lease relating to Kmart Store No. 6885.
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