Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 6, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM AND ADMINISTRATIVE CLAIM FOR KMART STORE NUMBER 3073
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) and the administrative claim (the “Administrative Claim”) filed by KR Manchester LLC (the “Claimant”); under the Leases of the property described as Kmart Store Number 3073, Manchester, CT; and Kmart Corporation (“Kmart”) having filed objections to the Lease Rejection Claim and the Administrative Claim; and the Court being advised that Claimant and Kmart have resolved the Lease Rejection Claim and Administrative Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that KR Manchester LLC shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $520,000.00, 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 name: KR Manchester LLC
b.) Tax ID: 23-3045292
c.) Contact person: Michael G. Mortimer; Vice President and Controller
d.) Company address: 580 W. Germantown Pike; Suite 200; Plymouth Mecting, PA 19462
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and it is further
ORDERED that KR Manchester LLC shall have an allowed Administrative Claim in the sum of $112,737.71, which shall be paid by Kmart within 10 days of the date of entry of this Order. Such payment shall be by check payable to KR Manchester LLC, and mailed to Michael G. Mortimer; Vice President and Controller; KR Manchester LLC; 580 W. Germantown Pike; Suite 200; Plymouth Meeting, PA 19462; and it is further
ORDERED that upon entry of this Order, the Lease Rejection Claim and Administrative Claim of KR Manchester LLC arising out of the lease of Store 3073, Manchester, CT shall be deemed satisfied in their entirety; and it is further
ORDERED that KR Manchester LLC, and its successors, assigns or designees and all other persons are forever barred from asserting, collecting, or seeking to collect any amounts and/or claims against Kmart or its successors and assigns relating in any way to Store No. 3073; and it is further
ORDERED that Kmart and any past, present or future assignee, designee or successor in interest thereto, is forever barred from asserting, collecting, or seeking to collect any claims against KR Manchester LLC or its successors and assigns relating in any way to Store No. 3073; and it is further
ORDERED that Kmart hereby releases and waives its right to revise, object to, or request the reconsideration of the allowed Class 5 Rejection Claim and allowed Administrative Claim for any purpose whatsoever.
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