Case No. 02-B02474, Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
July 1, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NUMBER 3625
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Brunner Companies Income Properties, L.P. (the “Claimant”); under the Leases of the property described as Kmart Store Number 3625, Aiken, South 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 Brunner Companies Income Properties, L.P. shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $745,287.10, 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: Brunner Companies Income Properties, L.P.
b. Company Tax ID #: 31-1234157
c. Company Contact: James M. Hull
d. Company Address: 3632 Wheeler Road, Augusta, Georgia 30909
and it is further
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ORDERED that upon entry of this Order, the Lease Rejection Claim and Administrative Claim of Brunner Companies Income Properties, L.P. arising out of the lease of Store 3625, Aiken, South Carolina shall be deemed satisfied in their entirety; and it is further
ORDERED that Brunner Companies Income Properties, L.P., 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 3625.