Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
August 20, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM AND ADMINISTRATIVE CLAIM FOR KMART STORE NUMBER 3684
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) and the administrative claim (the “Administrative Claim”) filed by Tamwest Realty, Inc. (the “Claimant”); under the Leases of the property described as Kmart Store Number 3684, Tequesta, FL; and Kmart Corporation (“Kmart”) having filed objections to the Lease Rejection Claim and the Administrative Claim; and the Court being advised that Claimant and Kmart have resolved the Lease Rejection Claim and Administrative Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that Tamwest Realty, Inc. shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $707,108.34, 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 (the “Distribution”) shall be made to:
a. Company Legal Name the stock will be registered in: Tamwest Realty, Inc.
b. Company Tax ID #: 65-0321982
c. Company Contact: Al Pannicia, Jr.
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d. Company Address: 1340 Bruckner Blvd.; Bronx, NY 10459 and it is further
ORDERED that Tamwest Realty, Inc. shall have an allowed Administrative Claim in the sum of $49,685.60 (the “Administrative Payment”), which shall be paid by Kmart within 10 days of the date of entry of this Order. Such payment shall be by check payable to Tamwest Realty, Inc., and mailed to Tamwest Realty, Inc. 1340 Bruckner Blvd.; Bronx, NY 10459; and it is further
ORDERED that upon entry of this Order, and receipt by the Claimant of the Distribution and the Administrative Payment, the Lease Rejection Claim and Administrative Claim of Tamwest Realty, Inc. arising out of the lease of Store 3684, Tequesta, FL shall be deemed satisfied in their entirety; and it is further
ORDERED that Tamwest Realty, 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 3684, and it is further
ORDERED that this Court shall retain jurisdiction of the terms and conditions of this settlement.
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