Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
May 6, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NUMBER 1904
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Parkside LLC, as successor in interest to Parkside Investments, Limited Partnership #3 (the “Claimant”); under the Leases of the property described as Kmart Store Number 1904, Ocean Springs, MS; 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 Parkside LLC, as successor in interest to Parkside Investments, Limited Partnership #3 shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $818,333.40, 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: Parkside, LLC
b. Company Tax ID #: 72-1422382
c. Company Contact: Leon L. Giorgio, Jr.
d. Company Address: Post Office Box 38, Metairie, Louisiana 70004-0038
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and it is further
ORDERED that upon entry of this Order, the Lease Rejection Claim of Parkside LLC, as successor in interest to Parkside Investments, Limited Partnership #3 arising out of the lease of Store 1904, Ocean Springs, MS shall be deemed satisfied in its entirety; and it is further
ORDERED that Parkside, LLC, individually and as successor in interest to Parkside Investments, Limited Partnership #3, and its successors, assigns or designees and all other persons are forever barred from asserting, collecting, or seeking to collect any further amounts with respect to Kmart Store Number 1904.
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