Case No. 02-02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 31, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 9450
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by P.O’B APOLLO FLORIDA, L.P., (the “Landlord”) under the Lease of the property described as Store No. 9450, Apopka, FL; and Kmart Corporation and its affiliates (“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 the Lease Rejection Claim shall be allowed in the agreed amount of $325,000,00, which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further
ORDERED that the first distribution to be made on account of the Lease Rejection Claim shall be made at the next Distribution Date pursuant to the terms of Kmart’s plan of reorganization to:
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P.O’B Apollo Florida, L.P.
Tax ID #13-4117791 Attention: Wm. Douglas Archer Chief Financial Officer P. O’B. Montgomery Co. 5550 LBJ Freeway, Suite 380 Dallas, TX 75240 Phone: (972)455-4904 Fax: (972) 490-4905
and it is further
ORDERED that Kmart and any past, present or future assignee, designee or successor in interest thereto, is forever barred from asserting, collecting, or seeking to collect any claims against Landlord or its successors and assigns relating in any way to Store No. 9450; and it is further
ORDERED that, except as otherwise indicated hereinabove, all persons who received notice 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. 9450.