Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
March 29, 2004
AGREED ORDER RESOLVING LEASE REJECTION CLAIM FOR KMART STORE NO. 1738
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the lease rejection claim (the “Lease Rejection Claim”) filed by MATTESON PARTNERS, LP2, and assigned to HARRIS TRUST and SAVINGS BANK (“HARRIS”), landlord under the Lease of the properties described as Store No. 1738 located in Matteson, Illinois and Kmart Corporation (“Kmart”) having filed an objection to the Lease Rejection Claim; and the Court being advised that HARRIS and Kmart have resolved the Lease Rejection Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that HARRIS shall have an Allowed Class 5 Lease Rejection Claim in the agreed amount of $1,400,000 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. Company Legal Name the stock will be registered, in: HARRIS MID AMERICA HOLDINGS, INC.
b. Company Tax ID #: 74-3073437
c. Company Contact person that the stock registration notice will go to: TOM WALL
d. Company Address for the same: HARRIS BANK, 200 W. MONROE ST., #1800, CHICAGO, IL 60606;Page 2
and it is further
ORDERED that upon receipt of the payment described in this Order, Proofs of Claims No, 40760 shall be satisfied in full; and it is further
ORDERED that HARRIS 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. 1738.