Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 17, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NUMBER 9259 n/k/a 6122
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim, claim number 41112 (the “Lease Rejection Claim”) filed by Massachusetts Mutual Life Insurance Company (the “Claimant”); under the Lease of the property described as Kmart Store Number 9259 n/k/a 6122, Sweetwater, Texas; 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 Massachusetts Mutual Life Insurance Company shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $188,950.00, 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: Massachusetts Mutual Life Insurance Company
b. Company Tax ID #: 04-1590850
c. Company Contact: Roberta L. Sailing
d. Company Address: David L. Babson Company, Inc. Suite 2800, 1500 Main Street, Springfield, Mass. 01115
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and it is further
ORDERED that upon entry of this Order, the Lease Rejection Claim of Massachusetts Mutual Life Insurance Company arising out of the lease of Store 9259 n/k/a 6122, Sweetwater, Texas, shall be deemed satisfied in its entirety; and it is further
ORDERED that Massachusetts Mutual Life Insurance Company 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 9259 n/k/a 6122
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