Case No. 02-B02474, (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 12, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NUMBER 6418
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Buehler Foods, Inc. (the “Claimant”); under the Lease of the property described as Kmart Store Number 6418, Tell City, Indiana; 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 Buehler Foods, Inc. shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $404,000.00, 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: Buehler Foods, Inc.
b. Company Tax ID #: 35-1074241
c. Company Contact: David Buehler
d. Company Address: 1100 West Twelfth Ave., Jasper, Indiana 47547 and it is further
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ORDERED that upon entry of this Order, the Lease Rejection Claim of Buehler Foods, Inc. arising out of the lease of Store 6418, Tell City, Indiana, shall be deemed satisfied in its entirety; and it is further
ORDERED that Buehler Foods, Inc., and its successors, assigns or designees and all other persons are forever barred from asserting, collecting, or seeking to collect any amounts with respect to Kmart Store Number 6418.
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