Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 17, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 3509
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by RELP Randallstown LLC (“RELP”), landlord under the Lease of the property described as Store No. 3509 located in Randallstown, Maryland, 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 RELP shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $825,000.00 (the “Allowed Claim”) 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 Claim shall be made at the next Distribution Date, July 1, 2004, pursuant to the terms of Kmart’s plan of reorganization to:
RELP Randallstown LLC Company Tax ID #: 13-4098535 Company Contact person: Richard Birdoff Company Address: RELP Randallstown LLC c/o RD Management LLC 810 Seventh Avenue — 28th FI. New York, New York 10019
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and it is further
ORDERED that upon entry of this Order, Landlord’s claims against or arising out of Store 3509 shall be expunged in their entirety except for the Allowed Claim; and it is further
ORDERED that RELP and its successors, assigns or designees, are forever barred from asserting, collecting, or seeking to collect any other claims or amounts with respect to the Lease relating to Kmart Store No. 3509 except for the Allowed Claim.
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