Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
September 27, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 1841
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Colonie Realty Associates (“Colonie”), landlord under the Lease of the property described as Store No. 1841 located in Colonic, New York 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 Colonie shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $1,400,000.00 (the “Allowed Claim”) 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 Claim shall be made at the next Distribution Date pursuant to the terms of Kmart’s plan of reorganization to:
NAME OF ENTITY: Colonie Realty Associates
TAX ID #: 22 298 1420
NAME OF PERSON TO RECEIVE SERVICE: Robert Heidenberg
ADDRESS FOR SAME: 234 Closter Dock Road, Closter, NJ 07624
and it is further
Page 2
ORDERED that upon entry of this Order, Colonie’s claims against or arising out of Store 1841 shall be expunged in their entirety except for the Allowed Claim; and it is further
ORDERED that Colonie and its successors, assigns or designees, are forever barred from asserting, collecting, or seeking to collect any other claims or amounts with respect to the Lease relating to Kmart Store No. 1841 except for the Allowed Claim.
Page 1