IN RE KMART CORPORATION (Bankr.N.D.Ill. 2005)

In re: KMART CORPORATION, et al., Chapter 11, Debtors.

Case No. 02-B02474 Jointly Administered.United States Bankruptcy Court, N.D. Illinois, Eastern Division.
January 4, 2005

AGREED ORDER RESOLVING CURE CLAIM FOR KMART STORE NO. 7243 WITH RESERVATION OF RIGHTS
SUSAN SONDERBY, Chief Judge, Bankruptcy

Upon consideration of the cure claim (“Cure Claim”) filed by DANIEL G. KAMIN KOKOMO LLC as landlord (the “Landlord”) under the lease (the “Lease”) of the property described as Store No. 7243 (Kokomo, Indiana) and Kmart Corporation (“Kmart”) having filed an objection to such Cure Claim; and the Court being advised that the Landlord and Kmart have resolved the Cure Claim, except as provided for herein; and after due deliberation and sufficient cause appearing therefore; it is hereby

ORDERED that Landlord shall have an allowed Cure Claim for Store No. 7243 in the agreed amount of $2,662.32, of which Landlord and Kmart agree that Kmart has already paid $2,662.32 and no additional amounts are owed by Kmart; and it is further

ORDERED that Landlord (including any assignees, designees or successors in interest) is forever barred from asserting, collecting, or seeking to collect any additional amounts which were due and payable by Kmart under the terms of the Lease on or before May 6, 2003, provided however, that Landlord reserves and shall have the right to assert a claim under 11 U.S.C. § 365(b) in connection with Kmart’s assumption of the Lease for payment of or indemnification for Trustee’s Fees arising on or before May 6, 2003, and Kmart reserves and shall have all of its rights and defenses to such a claim, except that Kmart waives and shall not have the right to object to any such claim on the grounds that such claim was not timely filed in accordance with the provisions of the First Amended Plan of Reorganization.

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