In re: KMART CORPORATION, et al., Chapter 11, Debtors.

Case No. 02-B02474 (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
December 6, 2004

AGREED ORDER RESOLVING CLAIM (KMART STORE NO. 7751)
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the administrative claim (“Claim”) filed by WAL-MART STORES, INC. (“Wal-Mart”) relating to the property described as Store No. 7751 (Pasadena, Texas) and Kmart Corporation (“Kmart”) having filed an objection to such Claim; and the Court being advised that Wal-Mart and Kmart have resolved the Claim; and after due deliberation and sufficient cause appearing therefor; it is hereby

ORDERED that Wal-Mart shall have an allowed administrative Claim for Store No. 7751 in the agreed amount of $24,774.08, which shall be paid by Kmart within twenty (20) days of the date of entry of this Order. Payment shall be sent to Wal-Mart c/o John Longmire, Willkie Farr Gallagher LLP, 787 Seventh Avenue, New York, New York 10019 by overnight or second business day mail delivery; and it is further

ORDERED that Wal-Mart (including any assignees, designees or successors in interest) is forever barred from asserting, collecting, or seeking to collect any administrative expense amounts in addition to the amounts set forth above with respect to Store 7751; provided, however, that nothing herein shall affect Wal-Mart’s rights to pursue administrative claims in these cases unrelated to Store 7751.

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