Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 28, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NUMBER 3813
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by GE Capital Business Asset Funding Corp. (the “Claimant”); under the Leases of the property described as Kmart Store Number 3813, Newton, KS; 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 GE Capital Business Asset Funding Corp. shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $383,896.00, 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: General Electric Capital Business Asset Funding Corporation;
b. Company Tax ID #: 91-1545101;
c. Company Contact: Kevin Drazic, VP/Mgr., Strategic Asset Finance Group, General Electric Capital Business Asset Funding Corporation; and
d. Company Address: 10900 NE 4th St., Suite 500, Bellevue, WA 98004.Page 2
and it is further
ORDERED that upon entry of this Order, the Lease Rejection Claim of GE Capital Business Asset Funding Corp. arising out of the lease of Store 3813, Newton, KS shall be deemed satisfied in its entirety, and it is further
ORDERED that GE Capital Business Asset Funding Corp., 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 3813.
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