Case No, 02-B02474 Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 3, 2004
William J. Barren, Barack, Ferrazzano, Kirschbaum, Perlman
Nagelberg, Chicago, Illinois for Kmart Corporation, et al.
Kevin T. White (#), Morris Morris, L.L.P., Flower Mound, TX, for Cobblewood Plaza Investors, LP
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 1542 (REH 1734)
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by Cobblewood Plaza Investors, (the “Landlord”) under the Lease of the properties described as Store No. 1542 (REH 1734) located in Forest Park, Ohio and Kmart Corporation (“Kmart”) having filed an objection to the Lease Rejection Claim; and the Court being advised that the 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 $947,464.50 winch 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; distribution to be made as follows:
a. Stock to be registered in the name “Cobblewood Plaza Investors, LF’;
b. Tax ID # 75-2706738;
c. Stock registration notice to the attention of Charles A. Cooper, at 5700 Legacy Drive, Suite 10, Piano, Texas 75024.
and it is further
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ORDERED that Landlord and any past, present or future assignee, designee or successor in interest is 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. 1542 (REH 1734) 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 amount in addition to the amounts set forth herein with respect to the Lease relating to Kmart Store No. 1542 (REH 1734).