Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
October 15, 2004
AGREED ORDER RESOLVING LEASE CLAIMS FOR KMART STORE NUMBER 3669
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by The Holden Crossing Limited Partnership (the “Claimant”); under the Leases of the property described as Kmart Store Number 3669, Greensboro, North Carolina; 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 The Holden Crossing Limited Partnership shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $994,760.61, 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’s legal name: LaSalle Bank N.A., as Trustee for the registered holders of Merrill Lynch Mortgage Investors, Inc., Mortgage Pass-Through Certificates, Series 1997-C1
b.) Tax ID: 36-4180161
c.) Contact person: Amelia T. Hoffman, Esq.; 301-468-3178
d.) Company’s address: c/o CMSLP; 11200 Rockville Pike, 4th Floor; Rockville, MD 20852Page 2
and it is further
ORDERED that upon entry of this Order, the Lease Rejection Claim of The Holden Crossing Limited Partnership arising out of the lease of Store 3669, Greensboro, North Carolina shall be deemed satisfied in its entirety; and it is further
ORDERED that The Holden Crossing Limited Partnership, 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 3669.
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