Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 30, 2004
AGREED ORDER EXPUNGING CLAIMS OF KIMCO REALTY CORP. FOR KMART STORES NUMBER 1835, 1845, 1894 AND 4115
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the claims filed by Kimco Realty Corp., under the leases of the property known as Kmart Store Number 1835, Columbus Square, Columbus, Ohio; Store Number 1845, Springfield, Missouri; Store Number 1894, St. Louis, Missouri; and Store Number 1894, South Ogden, Utah; and the Court being advised that Kimco Realty Corporation and Kmart have resolved the claims; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that as to Stores 1835, 1894 and 4115, the claims of Kimco Realty Corp., are hereby Expunged in their entirety; and it is further
ORDERED that as to Store 1845, Kimco claim number 50126 and 54030 are hereby Expunged in their entirety; provided, however, that such expungement shall not alter or affect or otherwise expunge or modify Kimco Realty Corp. claim number 41009; and it is further
ORDERED that Kimco Realty Corp., and its heirs, successors and assigns, are forever barred from asserting, collecting, or seeking to collect any cure amounts relating to Kmart Store Number 1835, 1894 and 4115; and relating to Store Number 1845 except for distributions on account of Claim Number 41009.
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