Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 12, 2004
AGREED ORDER RESOLVING LEASE CLAIMS FOR KMART STORE NUMBER 6471
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Bank One Trust Company, N.A., which is now J.P. Morgan (the “Claimant”); under the Leases of the property described as Kmart Store Number 6471, Iowa Falls, 1A; 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 Claimant shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $540,000.00, 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: State of Wisconsin Investment Board
b. Tax Td: 39-6006423
c. Contact person: Bruce Johnson
d. Address: 121 E. Wilson Street; P.O. Box 7842; Madison, WI 53707-7842
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ORDERED that upon entry of this Order, the Lease Rejection Claim of Claimant arising out of the lease of Store 6471, Iowa Falls, IA shall be deemed satisfied in its entirety; and it is further
ORDERED that Claimant, 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 6471.
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