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Docket #4405 Date Filed: 12/23/2009

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DNLAWARE In

re:
LLC,9!4!,'

Chapter

11

MERVYN'S HOLDINGS,

)
)

Case No.08-11586

(KG)

Debtors.

?E= -Dr 4.racl

Jointly Administered

ORDER APPROVING STIPULATION BETWEEN MACERICH PLAZA 580 TIOLDINGS LLC AND DEBTORS RESOLVING ctAIMS OF MACERTCH PLAZA s80 HOLpINGS LLC

AND NOW, upoll 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; aud it is further ORDERED, that payrnent of the Allorved Clairn shall be in full and Iinal satisfaction

of

Landlord's claim number 6490, and shall be made in accordance with the terms of the Chapter
I

I plan ultimately confirmed in these Chapter I 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.
RLFI 3519861v.1

0q/v),7 1a 0811586091223000000000017

ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

Dated: December6,2009 Wihnington, Delaware THE

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EXHIBIT A

RLFI 15l986lv,l

IN THE UNITED STATES BAIYKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re:

)
4L,' )
)
)

Chapter

ll
(KG)

MERVYN'S HOLDINGS, LLC,9!

Case No. 08-11586

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

agreement as to the treatment

of the Claim, and have agreed to enter into this Stipulation

to

clarify the allowance and treatnrent of the Claim.

E.

The Debtors and Laudlord HEREBY STIPULATE AND AGREE as follows:

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.

Tlris Stipulation is subject to Bankruptcy Cotrrt approval and shall be of no force

and effect unless and until approved by the Bankruptcy Court.

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,

This Stipllation shall be binding upon

(i)

arly liquidating trustee;

plan

adrnilistrator; distribution agent and/or any other responsible person appointed pursuant to any
Chapter

l1 plan confinned in these

cases;

(ii) any Chapter 1l trustee appointed in

these cases

and/or (iii) any Chapter 7 trustee appointed or elected in these cases.

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Dated: December 22. 2009 Wilmington, Dela

/s/ Dustirt P, Bfarych,


Dustin P. Branch

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

I(ATTEN MUCHIN ROSENMAN LLP


2029 Century Park East, Suite 2600 Los Angeles, Califomia 90067 Telephone: (3 l0) 788-4420 Facsimile: (310) 7 12-827 1 Email : dustin.branch@kattenlaw.com Cotutsel to Landlord lu[acerich Plaza 580 Holdings LLC

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

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