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

Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 18, 2004

AGREED ORDER EXPUNGING LEASE REJECTION CLAIM FOR KMART STORE NO. 6697
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the lease rejection claim number 41113 (the “Lease Rejection Claim”) filed by Massachusetts Mutual Life Insurance Company, lender under the Lease of the properties described as Store No. 6697 (formerly described as Store 7037) located in Fayetteville, AR and Kmart Corporation (“Kmart”) having filed an objection to the Lease Rejection Claim; and the Court being advised that lender and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that Lender’s Loan has been satisfied and the Lease Rejection Claim is hereby expunged; and it is further

ORDERED that Massachusetts Mutual Life Insurance Company and its successors, assigns or designees, are forever barred from asserting collecting, or seeking to collect any lease rejection claim with respect to the Lease relating to Kmart Store No. 6697.

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