Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 30, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 3809
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by CSFB 1997-C2 Highway 249 Retail, LP, landlord under the Lease of the properties described as Store No. 3809 located in Houston, TX and Kmart Corporation (“Kmart”) having filed an objection to the Lease Rejection Claim; and the Court being advised that landlord and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that CSFB 1997-C2 Highway 249 Retail, LP shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $2,556,961 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 Class 5 Rejection Claim shall be made at the next Distribution Date pursuant to the terms of Kmart’s plan of reorganization to:
a. Company Legal Name the stock will be registered in: CSFB 1997-C2 Highway 249 Retail, LP
b. Company Tax ID #: 38-3650933
c. Company Contact person that the stock registration notice will go to: C/O Arne Shulkin
d. Company Address for the same:
Lennar Partners, Inc. 1601 Washington Ave., Ste. 700 Miami Beach, FL 33139
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; and it is further
ORDERED that upon entry of this Order, and the completion of all distributions required hereunder, the Claims of CSFB 1997-C2 Highway 249 Retail, LP, arising out of the lease of store No. 3809, Houston, TX shall be deemed satisfied in full; and it is further
ORDERED that CSFB 1997-C2 Highway 249 Retail, LP and its successors, assigns or designees, 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. 3809.
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