Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 25, 2004
AGREED ORDER RESOLVING CLAIM FOR LEASE GUARANTEE FOR KMART STORE NO. 1307
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease guarantee claim (the “Lease Guarantee Claim”) filed by Home Depot Puerto Rico, Inc. (“Home Depot”), subtenant under the Lease of the property described as Store No. 1307 located in Bayamon, PR, and Kmart Corporation (“Kmart”) having filed an objection to the Lease Guarantee Claim; and the Court being advised that landlord and Kmart have resolved the Lease Guarantee Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Home Depot shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $1,425,000.00 (the “Allowed Claim”) which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further
ORDERED that the first distribution to be made on account of the Allowed Claim shall be made at the next Distribution Date, July 1, 2004, pursuant to the terms of Kmart’s plan of reorganization to:
Entity Name: Home Depot Puerto Rico, Inc. Company Tax ID #: 66-0548924 Company Contact person: Randy Stephens Company Address: 2455 Paces Ferry Road Building C20 Atlanta, Georgia 30339
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and it is further
ORDERED that upon entry of this Order and subsequent distribution under the Confirmed Plan of Reorganization in this case, Claim number 48117, filed by Home Depot and arising out of Store No. 1307, shall be deemed satisfied in it’s entirety; and it is further
ORDERED that Home Depot and its successors, assigns or designees, are forever barred from asserting, collecting, or seeking to collect any other claims or amounts with respect to the Lease relating to Kmart Store No. 1307 except for the Allowed Claim.
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