Case No. 02-B02474 Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 3, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 1488/REH 1832
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by First City North Associates, landlord under the Lease of the properties described as Store No. 1488/REH 1832 located in Pittsburgh, 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 First City North Associates shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $949,089.00 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 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. First City North Associates
b. Tax ID #25-1552789
c. Company Contact — Lori Z. Hardiman
d. The First City Company, 4 Gateway Ctr., Suite 212, Pittsburgh, PA 15222;
and it is further
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ORDERED that upon receipt of the payment described in this Order, Proofs of Claims No. 26836 shall be satisfied in full; and it is further
ORDERED that First City North Associates and its successors, assigns or designees, arc 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. 1488/RE11 1832.