Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
October 26, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 3782
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by AEGIS REALTY OPERATING PARTNERSHIP, L.P. (“Aegis”), landlord under the Leases of the property described as Store No. 3782 located in Springfield, TN, and Kmart Corporation (“Kmart”) having filed an objection to the Lease Rejection Claim; and the Court being advised that Aegis and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Aegis shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $417,500.00 (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, pursuant to the terms of Kmart’s plan of reorganization to:
Entity Name:
Aegis Operating Partnership, L.P., a Delaware limited partnership Company Tax ID #: 13-3967879 Company Contact person: R. Mark Addy, Chief Operating Officer Company Address: c/o Phillips Edison Company, 11690 Grooms Road, Cincinnati, Ohio 45242
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and it is further
ORDERED that upon entry of this Order, Aegis’ claims against or arising out of Store No. 3782 shall be expunged in their entirety except for the Allowed Claim; and it is further
ORDERED that Aegis, 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. 3782 except for the Allowed Claim.