Professional Documents
Culture Documents
re:
LLC,9!4!,'
Chapter
11
MERVYN'S HOLDINGS,
)
)
Case No.08-11586
(KG)
Debtors.
Jointly Administered
ORDER APPROVING STIPULATION BETWEEN MACERICH PLAZA 580 TIOLDINGS LLC AND DEBTORS RESOLVING ctAIMS OF MACERTCH PLAZA s80 HOLpINGS LLC
of
Landlord's claim number 6490, and shall be made in accordance with the terms of the Chapter
I
cases; and
it is further
ORDERED, that nothing herein shall be deemed to impact or in any way disallow any unsecured claim previously allowed by the Debtors in the Order Granling Debtors' Fourllt
Onmibus Objection to Claims fDocker No. 3819]; and it is further
ORDERED, that this Stipulation shall be binding upon (i) any Iiquidating trustee; plan
administrator; distribution agent and/or any other responsible person appointed pursuant to any Chapter I
plan confinned in these cases; (ii) any Chapter I i trustee appointed in these cases
and/or (iii) any Chapter 7 trustee appointed or elected in these cases; and it is further
' The Debtors il these cases, along rvith the last four digits of their federal tax identification numbers, are lvlervyn's Holdings, LLc (3405), Mervyn's LLc (4456) and Meryyn's Brands, LLc (9g50). 'Temrs not defined herein shall have the n:eanings attributed to them in the Stipulation.
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0q/v),7 1a 0811586091223000000000017
ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.
RLFI 3519861v.1
EXHIBIT A
RLFI 15l986lv,l
In
re:
)
4L,' )
)
)
Chapter
ll
(KG)
Debtors.
Jointly Administered
STIPULATION BETWEEN MACERICH PLAZA 580 HOLDINGS LLC AI\D pEBTORS RpSO-LYING CLAIMS OF MACryRICH PLAZA s80 Hql,,DJI,{qs L-Lc
Macerich Plaza 580 Holdings LLC ("Landlord") and the above-captioned debtors and
debtors in possession (tlre'oDgb.tg1g.") hereby stipulate as follows:
RECITALS
A.
On July 29, 2008 (the "Petition Date"), each of the Debtors filed a voluntary
petition for relief under Chapter I I of title I I of the United States Code (the "Bankruptcv
Cod-e").
B. C,
o'Claim").
The Landlord has filed various proofs of claim in these Chapter I I cases. The Debtors have filed certain Omnibus Objections to Claims (the "Qbjectionq").
In the Objections, the Debtors objected to, anrong others, Landlord's claim number 6490 (the
D.
Since the filing of the Objections, the Debtors and the Landlord have reached an
to
E.
Thr D"btotr in these cases, along rvith tbe last four digis of their federal tax identification numbers, are Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850).
RLFI l5l986lv.l
AGREEMENT
L 2. 3. 4.
The Recitals are true and conect and are incorporated herein by reference.
The Debtors and the Landlord have agreed that Landlord shall be allowed an
admilistrative clainr agailst Mervyn's LLC in the amount of $48,455.88 (the "Allowed 9lair4")'
Paynrent of the Allowed Claim slrall be in full and final satisfaction of the Claim,
and shall be made in accordance with the terms of the Chapter 11 plan ultimately confirmed in
these Chapter 11 cases.
5.
Nothing herein shall be deemed to inrpact or in any way disallow any unsecured
claim previously allorved by the Debtors in the Order Granting Debtors' Fourth Omnibus
Objection to Claims [Docket No. 3819].
6,
(i)
plan
adrnilistrator; distribution agent and/or any other responsible person appointed pursuant to any
Chapter
cases;
these cases
RLFI 3519861v.1
Dmiel /DeFranceschi (No. 27 32) Christ6pher M. Samis (No. a909) L. Katherine Good (No. 5101) RICHARDS, LAYTON & FINGER, P.A, One Rodney Square 920 North King Street Wihnington, Delaware 1 9801 Telephone: (302) 651-7700 Facsimile: (302) 651-7701 Enrail: collins@rlf.com defi'anceschi@rlf.com samis@rlf,com good@rlf.com
and
Howard S. Beltzer Wendy S. Wallcer Kizzy L. Rosenblatt MORGAN, LEWIS & BOCKruS LLP 101 Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: (212) 309-6001 Ernai l : hbeltzer@nrorganlewis.com wwalker@morganlewis.com krosenbl att@rnorganlewis.com
Attorneys for the Debtors and Debtors in Possessiol
RLFI 3519861v.1