Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 29, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 4916
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by BCE Investments-Gainesville, LLC, landlord under the Lease of the properties described as Store No. 4916 located in Gainesville, GA 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 BCE Investments-Gainesville, LLC shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $3,295,152,60 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:
BC Investments Tax TD # 38-2249973 Attention: Mr. Harold J, Etkin 100 North Pond Drive, Suite F Walled. Lake, Mi 48390
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and His further
ORDERED that BCE Investments-Gainesville, LLC 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. 4916.