Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
April 2, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 9170
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by CC Partners, landlord under the Lease of the property described as Store No. 9170 located in Carlsbad, NM 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 CC Partners shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $159,054.28 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 Class 5 Rejection Claim shall be made at the next Distribution Date pursuant to the terms of Kmart’s plan of reorganization to:
a. Company Legal Name the stock will be registered in: CC Partners;
b. Company Tax ID # 51-0247479;
c. Company Contact person that the stock registration notice will go to: Elainc Price; and
d. Company Address for the same: 2 Pond’s Edge Dr., P.O. Box 500, Chadds Ford, PA 19317;
and it is further
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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 Landlord or its successors and assigns relating in any way to Store No. 9170; and it is further
ORDERED that, except as otherwise indicated hereinabove, all persons who received notice are forever barred from asserting collecting or seeking to collect any lease rejection or administrative expense amount in addition to the amounts set forth herein with respect to the Lease relating to Kmart Store No. 9170.
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