Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 2, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 1883
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by CHATHAM ASSOCIATES, L.P., landlord under the Lease of the properties described as Store No, 1883 located in East Pointe, Michigan 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 CHATHAM ASSOCIATES, L, P, shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $225,000 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 (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: CHATHAM ASSOCIATES, L.P.
b. Company Tax ID #: 11-2472107
c. Company Contact person that the stock registration notice will go to: David Simon
d. Company Address for the same: C/O EBLS Property Management, Inc., 230 South Broad Street, Mezzanine, Philadelphia, PA 19102-4121
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ORDERED that all distributions made subsequent to the First Distribution shall be made as identified above;
ORDERED that upon receipt of any and all payments described in this Order, the Lease Rejection Claim shall be satisfied in full; and it is further
ORDERED that Claims No, 40550, 40538 and 22894 filed by FIFTH/THIRD BANK shall be, and the same hereby are EXPUNGED; and it is further
ORDERED that CHATHAM ASSOCIATES, L.P. and FIFTH/THIRD BANK and their successors, assigns or designees, are forever barred from asserting collecting, or seeking to collect any lease rejection or administrative expense amount in addition to the distributions provided for under the Plan relating to the Lease Rejection Claim.