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

Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 31, 2004

AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 9158
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Glimcher Properties Limited Partnership, landlord under the Lease of the properties described as Store No, 9158 located in Bloomberg, PA 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 Glimcher Properties Limited Partnership shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $99,999,92 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 — Glimcher Properties Limited Partnership

b. Company Tax TD No, 31-1390925

c. Company Contact person — Libby Burgazli

d. Company Address for the same — 150 E. Gay St., Columbus, Ohio 43215; and it is further

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ORDERED that upon receipt of the payment described in this Order, Claimant shall be satisfied in full; and it is further

ORDERED that Glimcher Properties Limited Partnership and its successors, assigns or designees, and all other persons 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. 9158.