Docket #4276 Date Filed: 11/19/2009

IN TIIE UNITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

ln re:
MERVYN'S HOLDINGS, LLC,
Debtors.
et

)
4,r )
) )

Chapter

11

Case No. 08-11586 (KG)

Jointly Administered

ORDER APPROVING STIPULATION FOR ALLOWAIICE AND PAYMENT OF CLAIM OF WESTPORT CORPORATION

AND NOW, upon consideration of the foregoing Stipulation2 attached hereto as Exhibit A, and good cause appearing for the approval thereof, it is hereby:
ORDERED, that the Stipulation is APPROVED; and it is turther ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

our"a,M,zoos Delaware
Wilmington, THE HO

The Debtors in these cases, along with the last four digits of their federal tax identification numbers, are Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850). t Terms not defined herein shall have the meanings attributed to them in the Stipulation.
DBI/63860598.1

RLFI-3504049-l

0q/v)+3 %` 0811586091119000000000005

EXHIBIT A

DBI/63860598.1

IN THE UNITED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE

In re:
MERVYN'S HOLDINGS,

)
LLC,9!4,| )
)
)

Chapter l1
Case

No.08-tt5S6 (KG)

Debtors.

)
)

Jointly Administered

STIPULATION FOR ALLOWANCE AND

Westport Corporation ("Wes!pql]!") and the above-captioned debtor.s and debtors in
possession (the "Dgblors") hereby stipulate as follows:

RECITALS

A. B. C. l. 2, 3.

Prior to July 9, 2008, Westport provided the Debtors with good.s in the aggregate

net amount of $77,012.52.

On account of .such goods, Westport has timely filed a proof of claim (Claim No.

84), seeking allowance of its claim (the ..!!a!4q.,).

The Debtors and Westport HEREBY STIPULATE AND ACREE as follows:

AGREEMENT
The Reciterls are true and correct and are incorporated herein by reference.
Thi.s Stipulation is subject to Bankruptcy Court approval and shall be

of no force

and eflect unless and

until approved by the Bankruptcy court.

On account of the Claims, Westport shall be allowed a general unsecured claim

against Mervyn's LLC in the amount of $77,012.52 (the..A!!_owgd-e,!4!pg,,).

' The Debtors ,l lF|! cases, along with rhc la.st lour digits of rheir federal tax identiticarion numbcrs. arc Mcrvyn'.s Holdings, LLC (3405). Mervyn's LLC (11456) and Meriyn's Brands. LLC (gg50).

DB t/6386{1598.

4. 5.
chapter
and/or

Payment of the Allowed Claim shall be made in accordance with the telms of the

chapter I I plan ultirnately confirmed in these chapter I I case.s.

This Stipulation shall be binding upon

(i)

any liquidating tru.sree;

plan

admini.strator; distribution agent and/or any other responsible person appointed pursuant to any

l1 plan confirmed in these cases; (ii)

any chapter I I trustee appointed in these cases

(iii)

any chapter 7 trustee appointed or elected in the.se cases,

Dated:

t-#,W'W!

,,,,

nAtXo)
lEMArl-l /r/ 2O l*'rta
IPHONEI

Wilmington,

ollins

Christopher M, Sami.s (No.4909) L. Katherine Good (No.5l0l) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware 19801 Telephone: (302) 65 l-7700 Facsimile: (302) 65l-7701 Email : collin.s@rlf.com defranceschi @ rlf.com samis@rlf.com good@rlf.com
and

IFAXI

{tt K ?i u *rit of. c*l qh 7r-ofto qle>4 f"7. 9z( , (97,

Westport Corporatiott

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP l0l Park Avenue New York, New York 10178-0060 Telephone: (212) 309-6000 Facsimile: (212\ 309-6001 Email : hbeltzer @ morganlewis.com wwalker@ morganlewis.com
Attornel,s the Dehtor.t and Dehtors in Po.rse ssiort

for

D8 t/63860591t.1