IN RE KMART CORPORATION (Bankr.N.D.Ill. 2004)

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 24, 2004

AGREED ORDER RESOLVING LEASE CLAIMS FOR KMART STORE NUMBER 1735
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Burlington Coat Factory Warehouse of Cuyahoga, Inc. (the “Claimant”); under the Leases of the property described as Kmart Store Number 1735, Cuyahoga Falls, OH; and Kmart Corporation (“Kmart”) having filed objections to the Lease Rejection Claim; and the Court being advised that Claimant and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that Burlington Coat Factory Warehouse of Cuyahoga, Inc. shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $424,747.80, which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further

ORDERED that the distributions to be made on account of the Allowed Class 5 Rejection Claim pursuant to the terms of Kmart’s plan of reorganization shall be made to:

a. Company Legal Name the stock will be registered in: Burlington Coat Factory Warehouse of Cuyahoga, Inc.

b. Company Tax ID #: 31-1767104

c. Company Contact: Jeff Laub

d. Company Address: 1830 Route 130, Burlington, New Jersey 08016

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and it is further

ORDERED upon entry of this Order and Kmart’s distribution pursuant to the terms of this Order, the Lease Rejection Claim of Burlington Coat Factory Warehouse of Cuyahoga, Inc., arising out of the lease of Store 1735, Cuyahoga Falls, OH shall be deemed satisfied in its entirety; and it is further

ORDERED that, except as otherwise indicated hereinabove, Burlington Coat Factory Warehouse of Cuyahoga, Inc., and its successors, assigns or designees and all other persons are forever barred from asserting, collecting, or seeking to collect any amounts with respect to Kmart Store Number 1735.

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