Docket #4493 Date Filed: 1/15/2010

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

re:
Debtors.

)
al.,t )
)
)

Chapter

11

MERVYN'S HOLDINGS, LLC,g!

Case No. 08-11586

(KG)

Jointly Administered
Re: Docket No.4489

ORDER APPROVING STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIMS OF DEPA INTERNATIONAL INC. AND NOW, upon consideration of the Stipulation 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 further ORDERED, the Court shall retain jurisdiction over the implementation and enforcement of the Stipulation and this Order.

lb, zoto
ilmington,
laware

THE HO}$ORABLE UNITED STAfES BAN

UPTCY JUDGE

cases, along with the last four digits of their federal tax identification numbers, are LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850). Mervyn's Holdings,
DBI/64118785.1 RLFI 3527071v.1

t Th" D"btors in these

0q/v*!/ ' 0811586100115000000000007

EXHIBIT A

DIll/64t 18785.t
RLFI 3527071v.1

IN THE UMTED STATES BANKRUPTCY COURT FOR TIIE DISTRICT OF DELAWARE In

re: Debtors.

)
)
)

Chapter

11

MERVYN'S HOLDINGS, LLC, 9! ul.,t

Case No. 08-t t5S6 (KG)

)
)

Jointly Administered

STIPULATION FOR ALLOWANCE AND PAYMENT OF CLAIMS OF DEPA INTERNATIONAL LNC.

Depa International Inc. ("Depa") and the above-captioned debtors and debtors in
possession (the "Deb!ors") hereby stipulate as follows:

RECITALS

A.

Depa timely filed proofs

of claim (the "Filed Claims")

seeking, among other

things, priority and payment as follows:

(l)

Claim No. 393, general unsecured priority, $145,4g0.32;

(2) Claim No. 5215, general unsecwed priority, $145,4g0.32;

(3) Claim No. 5215, administrative priority, 5252,751.69;

(4) claim No. 5588, general unsecured priority, $127,1g1.00; and (5) Claim No.
558

8, administrative

priority,

$27 l,AS I .20.

B.
"Obj-eclions').

The Debtors have filed one or more claim objections to the Filed Claims (the

C. l.

The Debtors and Depa HEREBY STIPULATE AND AGREE as follows:

AGREEMENT
The Recitals are true and correct and are incorporated herein by reference.

' The Debtots r1 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 MervSm's Brands, LLc (sg50).
DBI/641t87E5.l RLFI 3527071v.I

Z. 3.
and

This Stipulation is subject to Bankruptcy Court approval and shall be of no force

and effect unless and

until approved by the Bankruptcy Court.

On account of the Filed Claims, Depa shall be allowed (i) a general unsecured

claim against Mervyn's LLC in the amount of $142,587.80 (the "Allowed Unsecured Claim')

(ii) an administrative

expense claim against Mervyn's

LLC pursuant to 11 U.S.C.

503(bX9) in the amount of $251,507.80 (the "Allowed Admigistrative-.ehimj' and together with
the Allowed Unsecured Claim, the "Allowed Claims").

4. 5.
chapter Court.
1

Any and all previously filed objections to the Filed Claims are ovelruled to the

extent inconsistent with the terms hereof. Payment of the Allowed Claims shall be made in accordance with the terms of the

plan ultimately confirmed in these chapter 11 cases, or upon further order of this

6.

This Stipulation shall be binding upon

(i)

any liquidating trustee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any chapter 1 1 plan confimred in these cases; (ii) any chapter 11 trustee appointed in these cases
and/or

(iii) any chapter 7 trustee appointed or elected in these cases.

DBI/64t 18785.1 RLFI 352707Iv.1

Mark D. Collins
Christopher M. Samis (1.{o. a909) L. Katherine Good (No. 5101) RICHARDS, LAYTON & FINGE& P.A. One Rodney Square 920 North King Street Wilmington, Delaware I 980 1 Telephone: (302) 65t-7700 Facsimile: (302) 651-7741 Email: collins@rlf,com defranceschi@rlf.com samis@rlf.com good@lf.corn
and

o.3758) Daniel M. Silver (No. a758) MCCARTER & ENGLISH, LLP

Ilenaissance Centre 405 N. King Street, 8th Floor Wilmington, DE 19801 Telephone t302) 984-6300 Facsimile (302) 98+6399 Facsimile Email : kmayer@mccarier.com dsilver@mccarter.com Counsel to Depa International Inc.

Howard S. Beitzer Wendy S. Walker MORGAN, LEWIS & BOCKruS LLP l0l Park Avenue New York, New York 10178-0060 Telephone : (212) 309-6000 Facsimile: Q12) 309-6001 Email: hbeltzer@mo rganlewi s. com wwalker@mo rganlewis.

t:*

Attorneysfor the Debtors and Debtors in Possession

DBt/64r lE785.r

MEI 9489E73v.t