Case No. 02-B02474, Jointly AdministeredUnited States Bankruptcy Court, N.D. Illinois.
January 9, 2004
AGREED ORDER RESOLVING REJECTION CLAIM FOR KMART STORE NUMBER 9585
SUSAN SONDERBY, Chief Judge, Bankruptcy
Upon consideration of the rejection damage claim (the “Rejection Claim”) and the administrative damage claim (the “Administrative Claim”) filed by Developers Diversified Realty Corp, (“Landlord”), Tiffin, Ohio and Kmart Corporation (“Kmart”) having filed an objection to such Rejection Claim and Administrative Claim; and the Court being advised that the Landlord and Kmart have resolved both the Rejection Claim and the Administrative Claim; and after due deliberation and sufficient cause appearing therefore, it is hereby
ORDERED that the Landlord shall have an allowed Class 5 Unsecured Trade Vendor/Lease Rejection claim in the amount of $341,200,44 that shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization (stock to be registered in the name Developers Diversified Realty Corporation; Tax ID #34-1723097; stock registration notice to: Eric C, Cotton, Assistant General Counsel, Developers Diversified Realty Corporation, 3300 Enterprise Parkway, P.O. Box 228042, Beachwood, Ohio, which shall be satisfied in accordance with the terms of Kmart’s confirmed plan of reorganization; and it is further
ORDERED that the Administrative Claim Request further be allowed in the amount of $5,019.00 which shall, satisfy such claim in its entirety; and it is further ORDERED that such Administrative Claim shall be satisfied and payment rendered to Landlord not later than fifteen (10) days after entry of this Order; and it is further
ORDERED that Landlord and any subsequent assignee, designee or successor in interest, is forever barred from asserting collecting, or seeking to collect any further amount with respect to the Lease relating to Kmart Store No. 9585.