Docket #4494 Date Filed: 1/15/2010

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re:
Debtors.

)
al.,r )
)

Chapter 1l
Case No. 08-11586

MERVYN'S HOLDINGS, LLC,,et

(KG)

Jointly Administered
Re: Docket No.4490

ORDER APPROVING STIPULATION BETWEEN MOHAWK FACTORING AND DEBTORS (A) RESOLVING CLAIMS 5329,5330, 7392 AND 7393 AND (B) ALLOWING THE ADMINISTRATIVE EXPENSE CLAIM OF MOHAWK FACTORING 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.

,2010
elaware

THE HONSRAB IN GROSS UNITED STATES BAN RUPTCY ruDGE

' 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).
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0q/v*!/ (* 0811586100115000000000008

EXI{IBIT A

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IN THE T]MTED STATES BANKRUPTCY COURT FOR THE DISTRICT OF I}ELAWARE

In

re: Debtors.

) atl )
) )

ChaPter

11

MI,RVYN'S HOLDINGS, LLC,et

Case No. 08-11536

(KG)

Jointly Administered

STIPULATTON BETWEEN MOHAWK FACTORTNG AltD DEBTORS (A) RESOLUNG CLAIMS 53290 5330,7392 AND 7393 AND (B) ALLOWING TIIE ADMINISTRATIVE EXPENSE CLAIM OF MOHAWK FACTOBING

Mohawk Factoring ("Mohawk") and the above-captioned debtors and debtors in

possession (the "Debtors") hereby stipulate as follows:

RECITALq

A. B.

On or after July 29,2008, Mohawk provided the Debtors with goods and services

in the aggregate amount of $192,127 .23.

Mohawk timely filed various proofs of claim (Claim No. 5329, as amended by

Claim No. 7392, and Claim No. 5330, as amended by Claim No. 7393) seeking arnong other
things, payment of such amount (the "Claim").

C. D.
Claim.

Mohawk filed certain mechanics liens against the assets of the Debtors to secure

payment of such amounts.

The Debtors have paid to Mohawk an aggregate amount of $190,544.92 on

account of the Claim, and Mohawk seeks payment on account of the residual amounts of the

E.

The Debtors and Mohawk HEREBY STIPULATE AND AGREE as follows:

cases, along witb 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 Th" D"btots in these

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AGREEMENT

1. 2. 3.

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

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

and effect unless and

until approved by the Bankruptcy Court.

Mohawk shall be allowed an administrative expense claim against Mervyn's LLC

on account of the Claim pursuant to 11 U,S.C. $$ 503(b)(1) and 507(a)(2) in the amount of
$1,582.31 (the "Allowed

Administd

').

4.
the Debtors.

Mohawk certifies that Sched:rle-A, attached hereto, is a complete list of every lien

that Mohawk has filed against the Debtors and that Mohawk has not filed any other liens against

5. 6.

Palment

of the Allowed

Administrative Expense Claim shall be made in

cases.

accordance with the terms of the chapter

1l plan ultimately confirmed in these chapter 1l

This Stipulation shall be binding upon

(i)

ariry liquidating trustee; plan

adminishator; distribution agent and/or any other responsible person appointed pursuant to any chapter 11 plan confirmed in these qlses;

(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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January 14,2010 ihgington, Delaware

Christopher M. Samis (No. a909) L. Iktherine Good (No. 5101) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware I 980i Telephone : (302) 651 -77 00 Facsinrile: (302) 651-7701 Email : collins@rlf.com defranceschi@rlf.com

/s/ David M. Banker Bruce S. Nathan David M. Banker LOWENSTEIN SANDLER PC 1251 Avenue of the Americas New York, NY i0020 Telephone : (ZL2) 262-67 A0 Facsimile: (212) 262-7 4Az Ernail: bnathan@lowenstein.com dbanker@lowenstein.com
Counsel to Mohawk Factoring

sarnis@lf.com good@rlf.com
and

Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKruS LLP 101 Park Avenue New York, New York 10178-0060 Teleplrone : {212) 309-6000 Facsimile: (212) 309-600i Email: hbeltzer@morganlewis.com wwalker@morganlewis. com
Attorneys for the Debtors and Debtors in Possession

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SCHEDULE A
l. Mechanics Lien claimed by Mohawk
Carpet Corporation against Mervyn's LLC in the document recorded August 15, 2008 as Instrument No. 2008-0034841 in the official records of the County of Santa Cruz, State of California" upon that real property described as Mervyn's - Capitola, 1855 41st Ave., located in the City of Capitola, County of Santa Cruz, State of California, and released by Mohawk Carpet Corporation on May 6,2009; and Mechanics Lien claimed by Mohawk Carpet Corporation against Mervyn's LLC in the document recorded August 19, 2008 as Instrument No. 20081493645 in the official records of the County of Los Angeles, State of Californiq upon that real property described as Mervyn's - Westchester, 8730/8736 S. Sepulveda Blvd., located in the City of Los Angeles, County of Los Angeles, State of Californiq and released by Mohawk Carpet Corporation on May 6, 2009.

2.

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