Docket #4570 Date Filed: 2/4/2010

IN THE UNITED STATES BAIIKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

In

re:
Debtors.

)
) )

Chapter

11

MERVYN'S HOLDINGS, LLC, 9! 4,t

) )

Case No. 08-11586

(KG)

(e E*/'//f/2
as

Jointly Administered

ORDER APPROVING STIPULATION FOR ALLOWAIICE A}ID PAYMENT OF' ADMINISTRATIVE EXPENSE CLAIM OF JEFFERIES LEVERAGED CREDIT PRODUCTS LLC ORANSFEREE OF PROPET USA INC.)

AND NOW, upon consideration of the Stipulation attached hereto

cause appearing for the approval thereof,

Exhibit A, and good

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.

' The Debtors r] cases, along with the last four digits of their federal tax identification numbers, are _the1e Mervyn's Holdings, LLc (3405), Merv;m's LLc (4456) and Mervyn's Brands, LLC (sg50).
DBI/63903388.1

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EXHIBIT A

DBI/63903388.1

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TN

THE UNITED STATES BAIIKRUPTCY COURT FOR THE DISTRICT OF DELAWARE,

In

re:
et

) tt,t )
)
)

Chapter

11

MERVYN'S HOLDINGS, LLC,

Case No. 08-11586 (KG)

Debtors.

)
)

Jointly Administered

STIPULATION FOR ALLOWANCE AND PAYMENT OF ADMINISTRATIYE EXPENSE CLAIM OF JEFFERIES LEVERAGED CREDIT PRODUCTS LLC ORANSFEREE OF PROPET USA INC.)
Jefferies Leveraged Credit Products LLC ("&fferies"), as transferee of Propet USA Inc.

("Propd') and the above-captioned debtors and debtors in possession (the "Deb!ors") hereby
stipulate as follows:

RECITALS

A. B. C. D. 1. 2.

On or after July 29, 2008, Propet provided the Debtors with goods in the

aggregate amount of $20.605.98.

On or about December 22, 2008, Propet timely filed a proof of claim (Claim No.

2575) seeking, among other things, payment of such amount.

On or about October 15,2009, Propet transferred Claim 2575 in the amount of

$20.605.98 to Jefferies [Docket No. 4124]. The Debtors and Jefferies HEREBY STIPULATE AND AGREE as follows:

AGREEMENT
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.

t The Debtors in these cases, along with the last four digits of their federal tax identification numbers, ate Mervyn's Holdings, LLC (3405), Mervyn's LLC (4456) and Mervyn's Brands, LLC (8850).
DBI/63903388.1 RLF1 3534932v.1

3.

Jefferies (as transferee of Propet) shall be allowed an administrative expense

claim on account of Claim 2575 against Mervyn's LLC pursuant to 1l U.S.C. $$ 503(b)(1) and
507(a)(2) in the amount of $20.605.98 (the

"

").

4.
I

Payment of the Allowed Administrative Expense Claim shall be made to Jefferies,

or its designee, in accordance with the terms of the chapter 11 plan ultimately confirmed in these
chapter I
cases or earlier,

ifso ordered by this court.

5.

This Stipulation shall be binding upon (D any liquidating trustee; plan

administrator; distribution agent and/or any other responsible person appointed pursuant to any chapter 11 plan confirmed 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/63903388.1

RLFI 3534932v.1

i (No.2732) Daniel J. DeF Christopher V/ Samis (No. a909) L. Katherine Good (No. 5101) RICHARDS, LAYTON & FINGER, P.A. One Rodney Square 920 North King Street Wilmington, Delaware I 980 I Telephone: (302) 651-7700 Facsimile: (302) 651 -7701 Email: collins@rlf.com defranceschi@rlf.com samis@rlf.com good@rlf.com
and

Jefferies Leveraged Credit Products LLC, Transferee of Claim 2575 203-363-8244 (phone) 203-724-1636 (fax) rminko f@j efferi e s. com

t S-._\J,J

of Jffiries

Leveraged

Credit Products LLC

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
Anorneys for the Debtors and Debtors in Possession

DBI/63903388.