Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
November 2, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 9846
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Fond Du Lac and North Avenue, LLC, landlord under the Lease of the properties described as Store No. 9846 located in Fond Du Lac, WI 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 Fond Du Lac and North Avenue, LLC shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $2,500,000 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: Fond Du Lac and North Avenue, LLC
b. Company Tax ID # 76-0767220
c. Company Contact person that the stock registration notice will go to: Mr. Lawrence Kilduff, Co-Managing Partner
d. Company Address for the same: 11019 Towne Square Rd., Suite 8, Mcquon, WI 53092
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; and it is further
ORDERED that upon receipt of the payment described in this Order, all Proofs of Claims file by Fond Du Lac and North Avenue, LLC shall be satisfied in full; and it is further
ORDERED that Fond Du Lac and North Avenue, LLC and its successors, assigns or designees, 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. 9846.
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