IN RE KMART CORPORATION (Bankr.N.D.Ill. 2004)

In re: KMART CORPORATION, et al., Debtors.

Case No. 02-02474, (Jointly Administered).United States Bankruptcy Court, N.D. Illinois, Eastern Division.
June 1, 2004

AGREED ORDER RESOLVING CLAIM NO. 54318
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the general unsecured non-priority claim (the “Claim”) for damages arising from the Rancho Del Rey Commercial Center Implementation Agreement dated as of January 19, 1993 (the “Agreement”) filed by the CITY OF CHULA VISTA, A MUNICIPAL CORPORATION (the “City”) and Kmart Corporation and its affiliates (“Kmart”) having filed an objection to the Claim; and the Court being advised that the City and Kmart have resolved the Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby

ORDERED that the City shall have a Class 6 allowed claim in the amount of Eighty Five Thousand Ninety Eight and 60/100 Dollars ($85,098.60) for which the City has elected to receive a Class 5 stock distribution, 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 Claim shall be made at the next Distribution Date pursuant to the terms of Kmart’s plan of reorganization to:

THE CITY OF CHULA VISTA Tax ID #95-6000690 c/o Maria Kachadoorian, Director of Finance 276 Fourth Avenue, Chula Vista, California 91910

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and it is further

ORDERED that upon entry of this Order, the City’s claims against or arising out of the Agreement, including but not limited to Claim No. 54318, shall be satisfied in their entirety; and it is further

ORDERED that the City 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 Agreement.

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